Strategy for Implementing the Convention on Access to Information, Public
Participation in Decision-making and Access to Justice in EnvironmentalMatters – The Aarhus Convention
Pursuant to Article 45, paragraph 1 of the Law on Government (Offi cial Gazette of the Republic of Serbia, Nos. 55/05, 71/05 – amendment, 101/07, 65/08 and 16/11),
the Government hereby adopts the Strategy for Implementing the Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters the Aarhus Convention Published by: the Ministry of Environment, Mining and Spatial Planning, Belgrade Editors:Tina JanjatovićNebojša Pokimica Authors:Anita Pirc Velkavrh - Copenhagen, Danmark/Ljubljana, SloveniaSlavko Bogdanović - Novi Sad, Republic of SerbiaAndjelka Mihajlov - Belgrade, Republic of SerbiaDragoljub Todić - Belgrade, Republic of SerbiaIvan Jarić - Belgrade, Republic of Serbia Design:comma | communications design Print:Original December 2011 Print run: 100 copies
ISBN 978-86-85207-86-0 Th e Strategy was developed with the support of the OSCE Mission to Serbia
Disclaimer: Th e views herein expressed are solely those of the author and contributors and do not necessarily refl ect the offi cial position of the OSCE Mission to Serbia.
Strategy for
Implementing the
Convention on
Access to Information,
Public Participation
in Decision-making
and Access to Justice
in Environmental
Matters – The Aarhus
Convention
5
Section 1. Introduction 7
Section 2. International and European Context of the Aarhus Convention 132.1. Role and Aims of the Aarhus Convention in an International Context ................................. 132.2. Th e Aarhus Convention and the European Community .......................................................... 14
Section 3. Assessment of Conditions and Gap Analysis 193.1. Defi nitions ........................................................................................................................................ 223.2. Access to Environmental Information ......................................................................................... 263.3. Public Participation in Environmental Decision - making ...................................................... 373.4. Access to Justice in Environmental Matters ................................................................................ 433.5. Assessment of Overall Legislative Support for Aarhus Convention Implementation ......... 463.6. Assessment of Institutional Set-Up and Stakeholder Participation for Supporting
Aarhus Convention Implementation ........................................................................................... 523.7. Assessment of Information System Development and Access to Information ..................... 573.8. Assessment of Aarhus Convention Requirements on Genetically Modifi ed Organisms .... 613.9. Education and Awareness of Rights of Access to Information,
Participation in Decision Making, and Access to Justice in Environmental Matters ........... 643.10. Summary of the Strategy of the Republic of Serbia for Full Implementation
of the Aarhus Convention .............................................................................................................. 683.11. Assessment of Financial Resources for Realisation of the Strategy for
Implementing the Aarhus Convention ........................................................................................ 743.12. Strategy Implementation Plan and Activities Envisaged in the Area of
Aarhus Convention Enforcement ................................................................................................. 743.13. Final Provision ................................................................................................................................. 74
Section 4. Action Plan 754.1. Analysis of Strengths, Weaknesses, Opportunities and Th reats of theImplementation
of the Action Plan for Implementing the Aarhus Convention................................................. 754.2. Aims, Principles and Priorities of the Action Plan ................................................................... 774.3 Plan of Activities for the Implementation of the Aarhus Convention .................................... 79
AnnexesAnnex 1 Access to Environmental Information- Accordance with the Aarhus Convention
Requirements ................................................................................................................................... 98Annex 2 Public Participation - Accordance with the Aarhus Convention Requirements ................108Annex 3 Access to Justice - Requirements of the Aarhus Convention Accordance with Legislation,
Gaps and Problems in Implementation in the Republic of Serbia ........................................ 112Annex 4 Responsible Institutions in the Republic of Serbia for
Aarhus Convention Implementation ......................................................................................... 119Annex 5 Elements of the National Environmental System Available On-line, and other
Databases Relevant for Aarhus Convention Implementation (November 2011) ............... 129Annex 6 Selected Legal Provisions on Pollution Registers, Aarhus Convention/PRTR Protocol,
and Legal Comparisons Between EU and Republic of Serbia Legal Systems ......................133
TablesTable A.1 International Conventions and Instruments Related to the Aarhus Convention,
and their Implementation in the Republic of Serbia .................................................................14Table B.1 Compliance with Basic Standards of Article 4 of the Aarhus Convention ............................ 19Table B.2 List of Reviewed Environmental Laws (see selection criteria in Subsection 3.5) .................21Table B.3 Comparison of Defi nitions of Key Terms in Both the Aarhus Convention
and the Legislation the Republic of Serbia ..................................................................................22
Content
6
Table B.4 Accordance of the Legislation in the Republic of Serbia withAarhus Convention Access-to-Information Requirements .....................................................27
Table B.5 Criteria in National Legislation for Refusal to Disclose Information,and their Accordance with Aarhus Convention Provisions .....................................................31
Table B.6 Public Participation: Accordance of the Legislation in the Republic of Serbia withAarhus Convention Requirements ..............................................................................................38
Table B.7 Accordance of the Legislation in the Republic of Serbia withAarhus Convention Access-to-Justice Provisions .....................................................................44
Table C.1 Actions and Initiatives of General and/or Cross-cutting Nature ............................................79Table C.2 Actions and Initiatives for Access to Information ......................................................................82Table C.3 Action and Initiatives for Public Participation in Environmental Matters ............................88Table C.4 Actions and Initiatives for Access to Justice ................................................................................93Table Annex 1 Access to Environmental Information- Accordance with the Aarhus Convention
Requirements, Problems in Implementation and Gaps ............................................................98Table Annex 2 Public Participation - Accordance with the Aarhus Convention Requirements,
Problems in Implementation and Gaps .....................................................................................108Table Annex 3.1 Access to Justice Accordance with Law on Environment Protection, Law on Environmental
Impact Assessment and Law on Strategic Impact Assessment on the Environment ..........113Table Annex 3.2 Access to Justice Accordance with Law on Integrated Pollution Prevention and Control,
Law on Chemicals and the Law on Protection against Noise ...............................................116Table Annex 6 Selected Legal Provisions on Pollution Registers, Aarhus/PRTR Protocol,
and Legal Comparisons between EU and Republic of Serbia Legal Systems ......................133
Abbreviations Used 136
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Section 1.
Introduction
1. Rationale for Developing the Strategy for Implementing Aarhus Convention
Th e Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (hereinaft er: the Aarhus Convention), one of the world’s most advanced international agreements concerning the environment, both guides sustainable development and strengthens basic democratic principles. It requires that all environment-related data be managed openly, and that civil society and all relevant stakeholders have access to information, are allowed to participate in policy making and have the right to live in a healthy environment.
In order to protect the right of “present and future generations” to live in a healthy environment, Article 1 of the Aarhus Convention requires signatory Parties to guarantee rights of: access to information, public participation in decision-making, and access to justice in environmental matters.
Th e rapid and sophisticated development of information- and data-management technologies, as well as increased available information, demands and enables more accurate responses, both from those creating modern policies and those impacted, either directly or indirectly, by these policies.
Th e Republic of Serbia ratifi ed the Aarhus Convention in 2009. Th e country has also initiated the process of accession to the European Union, and is gradually transposing EU regulations – as well as implementing them – into the legal system of the Republic of Serbia. Th is is a complex and demanding task. Th e EU’s regulatory system will bear fruit only when its most important components are functioning. On the other hand, it is possible to achieve signifi cant progress towards Aarhus Convention implementation even without the whole environmental structure yet in place. Aarhus Convention implementation thus provides an opportunity to enhance the EU accession process in a cost-eff ective way.
Th e introduction of modern, long-term policies towards sustainable development, the democratisation of policy making, and easing of the EU accession process are suffi cient reasons for implementing the Aarhus Convention’s Strategy, and this in turn will in the short run bring benefi ts to the Republic of Serbia.
2. Aims of the Strategy for Implementing the Aarhus Convention
Th e Strategy for Implementing the Aarhus Convention (hereinaft er: the Strategy) aims to provide a process for feasible, eff ective, step-by-step implementation of Aarhus Convention requirements, but is also geared to accommodate conditions specifi c to the Republic of Serbia. Th e Strategy also provides implementation principles to be followed, which are linked to EU regulation. Th e implementation plan also includes follow-up actions to support EU-related requirements.
Th e Strategy aims for Aarhus Convention implementation in the Republic of Serbia are:
• to provide an accurate status overview of those fi elds most relevant to implementation of the Convention provisions;
• to identify gaps and inconsistencies between the implementation system and the legislation in the Republic of Serbia;
• to propose actions for compliance with Aarhus Convention obligations, and to address existing gaps and inconsistencies with respect to institutional and legal norms in the Republic of Serbia;
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• to provide basic conditions for further improvements and advanced best practices related both to the Aarhus Convention and other related conventions;
• to stimulate other policy actions, provide compliance and apply guiding principles along an advanced path towards sustainable development;
• to liaise and enhance the EU accession process; and
• to provide a basis for implementation of monitoring mechanisms.
3. Strategy Preparation Process and Structure
a) Preparation team
A group of four national experts, led by an international expert, prepared this Strategy for the Republic of Serbia between November 2010 and January 2011. Within this short time frame the team developed a Strategy that is fl exible for adjustment to current political developments and open to fresh analysis. On-going monitoring and adjustment will make the Strategy adaptable to future processes.
b) Scope of the Strategy
Th e Strategy meets Aarhus Convention requirements and is linked to EU directives related directly to the Convention. Th e Strategy is also designed to work with other EU directives at least partly related to the Convention, such as the Water Framework Directive, waste- and climate change-related directives, the INSPIRE Directive, the EC’s Shared Environment Information System and other directives (see Section 2).
Th e Strategy provides a general assessment of the Aarhus Convention’s Pollution Release and Transfer Register Protocol (hereinaft er: PRTR) and Global Monitoring for Environment and Security Initiative (GMES) amendment, but without going into specifi cs; thus providing a basis for rapid further implementation in this context.
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4. Structure and Analytical Approach
Section 2. provides some international background of the adoption process and the degree of Aarhus Convention implementation. It also shows how the Strategy is linked to other relevant conventions, as well as to EU implementation of the Aarhus Convention. Th e Republic of Serbia’s status of implementation and commitments to related international requirements is also explained in this section.
Th e analysis of EU and international information presented in Sections 2. and 3. were drawn from expert knowledge, referenced literature and web-based information, including the UN’s Environment Performance Reviews: Republic of Serbia, as well as UN and EU websites related to the Aarhus Convention.
Section 3. provides article-by-article analysis of accordance of the legislation in the Republic of Serbia, problems of implementation and gap analysis with regard to Aarhus Convention requirements.
Complete, in-depth analysis is available in Annex to the Strategy. Part of the project documentation is included in the Excel fi le showing accordance by article; this can be used as an aid for monitoring the Strategy implementation process in the future and to support further analysis of links to EU directives.
Regarding the compliance with the legislation in the Republic of Serbia as of October 10, 2010, this document reviews 17 environmental laws and four related non-environmental laws. Bylaws are not covered (See the criteria for selection and list of laws covered in Section 3.).
Material on access to information is drawn from reference literature, information available online, expert analysis and interviews with persons from key institutions responsible for Aarhus Convention implementation (e.g. the Environmental Protection Agency, Offi ce of the Commissioner for Information of Public Importance and Personal Data Protection, Statistical Offi ce of the Republic of Serbia, Institute for Nature Conservation of Serbia, and the Standing Conference of Towns and Municipalities). Oft en taken into account are relations and requirements pertaining to the cooperation of the Republic of Serbia with the European Environment Agency and within the European Environment Information and Observation Network (EIONET).
Information concerning public participation was sourced from reference literature, information available online and expert analysis.
Information on access to justice is drawn from legal analysis based on selection criteria (See Subsection 3.5. on legislation), online information and expert analysis.
Analysis of the institutional framework and other crosscutting activities are based on referenced literature and online information.
Amendment on the genetically modifi ed organisms (GMOs) and PRTR were analysed according to existing national legislation, referenced literature and online information.
Section 4. provides an analytical summary of strengths, weaknesses, opportunities and threats of employing the Action Plan for implementing the Aarhus Convention (SWOT analysis of the situation in the Republic of Serbia).
A plan of action is provided in Section 4. including guiding principles that were used to design the implementation plan. Th e Strategy implementation period covers fi ve years, but it needs to be integrated more deeply into the EU accession plan as the accession process develops.
Planning activities were designed on the basis of gap analyses in Section 3. gap analysis. All planning activities are presented in ways that clearly identify links to core Strategy objectives. Actions are provided mostly in tabular format to illustrate proposed actions, key implementation tasks, target dates and responsible institutions and partners for consultation and engagement. Monitoring of implementation will be supported by identifi ed success indicators. Financial needs and other partners and stakeholders involved in implementation should be elaborated in forthcoming stages of the Strategy implementation process. All planning activities are presented in ways that clearly identify links to core Strategy objectives. A text summary of the Strategy is also provided.
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Summary of the Strategy for Implementing the Aarhus Convention
In order to establish a transparent and consistent framework for implementation of all provisions of the Aarhus Convention, the Action Plan identifi es a set of legislative and regulatory measures, as well as necessary operational procedures.
Public authorities at all levels require established policies and mechanisms from which high-quality environmental information can be routinely provided and disseminated to the public in user-friendly manner, while making full use of electronic tools where available. To this end, the Strategy proposes establishing minimum legislative support for as broad a defi nition of ‘environmental information’ as can be found in both the Aarhus Convention and EU acquis. Th is will not only enhance Aarhus Convention implementation, but will also encourage EU-level cooperation in many areas, such as implementation of SEIS, EEA-EIONET, EUROSTAT, INSPIRE and GMES (the Global Monitoring for Environment and Security Initiative), and to take fi rst steps towards building an EIONET-based information reporting system that will streamline, prioritise, harmonise and improve information quality at the national level. Th is will hopefully provide a good start for long-term, continuous information system development. Another key activity is further development of a national Protocol on Pollutant Release and Transfer Registers (PRTR), along with the Aarhus Convention make this information available online (a.k.a. E-PRTR).
Aarhus Convention provisions are included in most of Serbia’s existing legislation, but the need remains to ensure that Convention terminology will be applied throughout the entire legal system in order to address gaps and avoid ambiguities. Th is eff ort relates primarily to the right of free access to information in all relevant environmental legal documents, and to the establishment of a clear defi nition of ‘environmental information’. Th is in turn requires, but is not limited to: a clearer defi nition of access-to-information exemption criteria, along with appropriate guidance for application; harmonisation of time frames for providing information; a solid legal foundation upon which to build an information system and ensure eff ective data fl ow; upgrading and improving of legal foundations and procedures for implementation of strategic environmental assessment (SEA) and transboundary environmental impact assessment (EIA) (including determining the proper competent authorities), as well as IPPC Directive decision making; public participation in draft ing of laws and sub-laws and removing or reducing fi nancial and other barriers to access to justice.
Also important is to harmonise the Strategy implementation process with the EU accession process and other international agreements. To this end, it is proposed that some in-depth analysis be carried out to establish a harmonized legislative framework in relevant sectors.
Th e Aarhus Convention strongly emphasises enhanced public activity and responsibility concerning the environment, and promotes widespread education concerning rights provided under the Convention. In this respect, the Strategy proposes immediate establishment of a practical system for involving the public and other stakeholders and informing them about their rights. Th is will involve the creation of websites that include, among other things, easy-to-understand information about rights under the Convention, guidelines, procedures and templates for action and a metadata register of available information. Th is information should be made available on websites of ministries responsible for environment and also on the websites of the associations1.
Th e Strategy also proposes immediate design and implementation of a training programme targeting all administrative-level stakeholders. Th is corresponds with the need to strengthen education and training (formal and informal) of various actors (i.e. decision makers, judges, journalists, teachers and civil society – especially civil society organisations). It also addresses the need to start conducting nationwide campaigns and yearly conferences for monitoring the implementation process and exchanging good practices with stakeholders. Guidelines, handbooks and accessible web publishing are key parts of this exercise.
Tools for vertical and horizontal communication and cooperation need to be used and improved. Th is will help to create an administrative culture open to advice, and will support Aarhus Convention aims of good governance.
Public authorities should regard public participation as an integral part of planning and programme preparation. In order to enhance stakeholder participation, the Strategy proposes preparing an analysis of how Aarhus Convention provisions are to be encompassed in all relevant plans and programmes.
1 The Law on Associations defi nes an association as a voluntary, non-governmental, non-profi t organisation, founded upon the freedom
of association of several natural or legal entities, established for the purpose of achieving and improving a specifi c joint or common
object and interest, provided that these are not prohibited by the Constitution or other laws (Article 2, Paragraph 1).
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To ensure implementation, access to justice needs to be expanded and made accessible to the public in a clear, eff ective and inexpensive way.
All recommended measures should be undertaken and implemented in close collaboration with associations. Th is is to ensure that recommended measures are implemented in conjunction with other eff orts to harmonise the environmental legislation in the Republic of Serbia with the EU environmental acquis, which is already in compliance with Aarhus Convention requirements.
According to the Strategy, associations acting as project leads will carry out initial activities in parallel with other activities by responsible actors to be carried out according to the Strategy for Implementing the Aarhus Convention. Th is will strengthen cooperation of associations with government, and with neighbouring and regional countries, which will in turn improve the capacity of decision makers to recognise associations’ eff orts and assess their usefulness and infl uence.
Th e Aarhus Convention stresses the overall importance of strengthening the awareness of all actors, but places special emphasis on its importance for public authorities, as they need to provide suffi cient budgets in compliance with Convention aims. In terms of budget requirements, the Strategy indicates short-term needs (e.g. immediate commencement of short-term projects) and support for long-term needs (ensuring sustainability of the implementation process, structural changes and merging with the EU accession process). Th e Strategy recommends, for example, immediate allocation of budget funds for a certain period aft er the Strategy adoption for associations to undertake initial, coordinated action on: establishing websites; holding annual conferences, campaigns and training programmes for participation in EIA processes, the EU accession process and Aarhus Convention-related meetings, for cooperation with neighbouring countries, and for skills training and capacity building. Additional funds should be allocated for supporting priority emerging projects and assessments, as provided in the action plan. Th e Strategy also recommends detailed study related to long-term fi nancial requirements (e.g. activity cost assessments) and human resources needs.
A credibly transparent institutional set-up is needed to support governance and implementation. Actions are proposed to reduce overlapping or ambiguous responsibilities and to address non-allocated responsibilities. Th is will also help to establish eff ective data-fl ow mechanisms at all levels. Th e main problem here, however, lies in implementation, so monitoring mechanisms are being proposed that will be made available to the public. Th e establishment of a ‘green ombudsman’ and other possible bodies are also in the pipeline to assist associations and civil society.
Th e Strategy also recommends preparing for ratifi cation of Aarhus Convention amendments on genetically modifi ed organisms (GMOs) and the PRTR Protocol.
Not of least importance is a proposal to create a Strategy monitoring mechanism. Th is would entail various approaches in a wide range of guises: participative and formal, offi cial and non-governmental, hard copy storage, national and local level, simple and complex.
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Section 2.
International and European Context of the Aarhus Convention
2.1. Role and Aims of the Aarhus Convention in an International Context
Th e United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinaft er: the Aarhus Convention) was adopted on June 25, 1998 in Aarhus, Denmark at the Fourth ‘Environment for Europe’ Ministerial Conference. Th e Aarhus Convention is an international agreement that enables individuals and groups of people to actively participate in environment protection and sustainable development. It is one of the mechanisms which followed the UN Conference on Environment and Development (Earth Summit) held in Rio de Janeiro, Brazil in 1992. It was at this meeting that ‘sustainable development’ was introduced as a link between development and demands on the environment. Th is led to support for an economic development approach that is linked with environmental concerns.
“Although regional in scope, the signifi cance of the Aarhus Convention is global. It is by far the most impressive elaboration of Principle 10 of the Rio Declaration, which stresses the need for citizens’ participation in environmental issues and for access to information on the environment held by public authorities. As such, it is the most ambitious venture in the area of environmental democracy so far undertaken under the auspices of the United Nations.”
Kofi A. Annan, former Secretary-General of the United Nations (1997-2006)
As of August 19, 2010 there were 44 Parties to the Convention, 27 Parties to the Protocol on Pollutant Release and Transfer Registers (the PRTR Protocol entered into force October 8, 2009) and 26 Parties to the amendment on public participation in decisions on the deliberate release into the environment and placing on the market of genetically modifi ed organisms (GMOs).
At the 1992 Earth Summit, the Federal Republic of Yugoslavia signed the fi nal document, as well as the Framework Convention on Climatic Change and Convention on Biodiversity. It was insisted at the World Summit on Sustainable Development at Johannesburg in 2002 that these agreements be implemented for the sake of sustainable development.1 Th e Republic of Serbia ratifi ed the Aarhus Convention on July 31, 2009, becoming the 43rd Party to the Convention, but has not yet ratifi ed the GMO amendment. Th ere is an opportunity to do so in 2012, the twentieth anniversary of the Earth Summit. Th is would provide further confi rmation of the Aarhus Convention’s further elaboration of Rio’s historic aims.
Th e Aarhus Convention heralds an aspiration to contribute to democratic and sustainable development. It is one of the clearest statements in international law to date of a fundamental right to a healthy environment.2 It establishes environmental rights as a basic human right, and stresses the importance of access to information, access to justice and public participation as basic conditions towards achieving sustainable and environmentally sound development. Th is is achieved through a broad defi nition of ‘environmental information’ that includes not only the quality of the environment, but factors that infl uence environment, along with information related to health and safety and economic and policy formation. Furthermore, the Convention considers all stakeholders and provides for their rights; it also stimulates education and awareness rising. All of this contributes to long-term development objectives while ensuring the same rights for present and future generations.
1 Republic of Serbia, Ministry for Health and the Environmental Protection, Directorate for Environmental
Protection: recent document prepared in cooperation with other relevant sectors.
2 http://ec.europa.eu/enlargement/index_en.htm
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Aarhus signatory governments believe that improved access to information and broader participation of the public in decision-making processes are essential for: building trust in communities and support for progress towards common goals; greater accountability from public authorities; and better overall environmental policy. Access to justice creates greater transparency and openness in environmental matters and contributes towards society‘s goals of sustainable, environmentally sound development. Th e Convention does not set environmental standards, but lays down clear rules for the public’s right of access to information and participation in permitting procedures (e.g. granting emission licenses for power plants) and, a bit less fi rmly, for development of plans, programmes and laws. Th e Convention does not provide ceilings, but rather safeguards the future by building on a solid foundation of best practices and genuine commitments.
Th ere are also other international conventions related to Aarhus Convention provisions that have been implemented in the Republic of Serbia, a few examples of which are provided in the table below.
Table A.1: International conventions and instruments related to the Aarhus
Convention, and their implementation in the Republic of Serbia3
Convention or international instrument Ratifi cation by
the Republic
of Serbia
Evidence, after ratifi cation, of implementation
in Serbia in the context of Aarhus Convention
provisions
Rio Declaration on Environment and Development, Principle 10
1992 On-going commitment to participation of all concerned citizens in environmental issues; active involvement in development of UNEP Guidelines for Enhancing Rio Principle 10.3
Agenda 21 1992 Continuous promotion of Local Agenda 21 by developing documents for a number of local communities (LEAP, LSSD).
Framework Convention on Climate Change 2001 Limited promotion of public participation in addressing climate change and its eff ects; provides for public access to data on climate change and its eff ects; no facilitation of public participation, and no development of adequate response.
Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 1991)Protocol on Strategic Environmental Assessment to the Convention on EIA in a Transboundary Context (Kiev, May 21, 2003)
20072010
No knowledge of any EIA case that in practice includes a transboundary EIA procedure; transboundary EIA procedure is prescribed by law; Republic of Serbia participates in the activities of institutional mechanisms (e.g. COP).Not yet implemented
Convention to Combat Desertifi cation 2007 So far no systematic national campaign aimed at raising awareness of the idea of combating desertifi cation and land degradation has been launched. The specifi c requirements of the Convention have not been introduced in the local development plans and local administration work plans. Integrated information system for the thematic area of desertifi cation and land degradation does not exist.
Convention on the Transboundary Eff ects of Industrial Accidents (Helsinki, 1992)
2009 Compliance details unknown
Convention on Protection and Use of Transboundary Watercourses and International Lakes (Helsinki, 1992)
2009 Compliance details unknown
2.2. The Aarhus Convention and the European Community
All EU countries but one (Ireland) have ratifi ed the Aarhus Convention. Th e European Community signed the agreement in 1998 and became Party to the Convention in May 2005.
Negotiations during the preparation of the Aarhus Convention drew heavily from EU experience with access to information, and primarily from Directive 90/313/EEC. Bearing in mind the directive’s shortcomings, a
3 http://www.unep.org/GC/GC25/dailyupdates/day4-specialevents.asp
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new information directive was adopted in 2003 (Directive 2003/4/EC on Public Access to Environmental Information and Repealing Council Directive 90/313/EEC)4 in response to Articles 4 and 5 of the Aarhus Convention. Member States were obliged to transpose the 2003 directive into national law by 2005. A guidance document was prepared and made available to assist Member States with reporting activities under this directive.5 Th e new directive extends the defi nition of ‘environmental information’ to include cost-benefi t analysis and other economic indicators and policies, as well as health and safety information. Also, the term ‘public authority’ is made clearer and now covers secondary bodies, which received delegated functions during the privatisation process. All considered exemptions from disclosure of environmental information must be weighed against the public interest, and information concerning emissions must be disclosed. Still problematic, however, is the question of fees pertaining to requests for information. Information should be made available for a reasonable fee, as many associations with limited fi nances may otherwise encounter numerous diffi culties. In situ information, meanwhile, should be made available free of charge.
Subsection A.1: European Environment Agency (EEA)
Th e European Environment Agency (EEA) is the key European provider of environment-related information. It is an EU agency designed to provide sound, independent information about the environment, and is a major information source for those involved in developing, adopting, implementing and evaluating environmental policy, including the general public. Th e EEA currently has 32 member countries.
Th e Aarhus Convention Protocol on Pollutant Release and Transfer Registers (PRTR Protocol) was adopted during the Fift h ‘Environment for Europe’ Ministerial Conference in May 2003 with the aim of providing more concrete obligations pertaining to access to information about industrial pollution. In response, the European Union adopted a regulation on the establishment of a European Pollutant Release and Transfer Register (E-PRTR), which came into force on February 24, 2006.
Subsection A.2: European Pollutant Release and Transfer Register (E-PRTR)
Th e European Pollutant Release and Transfer Register (E-PRTR) is a new Europe-wide register that provides easy-to-access environmental data from industrial facilities in EU Member States, Iceland, Liechtenstein and Norway. It replaces and improves on the previous European Pollutant Emission Register (EPER). Th is new register contains data reported annually by some 24,000 industrial facilities covering 65 economic activities across Europe.
For each facility, information is provided about amounts of pollutant releases into air, water and land, as well as off -site transfers of waste and pollutants into wastewater. Th is information is drawn from a list of 91 key pollutants, including heavy metals, pesticides, greenhouse gases and dioxins. Some information about releases from diff use sources is also available and will be updated. Th e register contributes to transparency and public participation in environmental decision making, and is implemented on behalf of the Aarhus Convention.
To support the second pillar of the Aarhus Convention, public participation in decision-making processes, a new EU directive was adopted in 2003 (Directive 2003/35/EC on Public Participation in the Drawing up of Plans and Programmes Relating to the Environment) in response to Aarhus Convention Articles 6, 7 and 9 (Paragraph 2). Th e directive amends public participation rights elaborated in Directive 85/337/EEC on the Assessment of the Eff ects of Certain Public and Private Projects on the Environment (EIA directive)6 and Directive 96/61/EC on Integrated Pollution Prevention and Control (IPPC).7 EU Member States were required to transpose the new directive into their respective national legislation by 2005.
Th e new directive ensures public participation rights for neighbouring countries as well, and at the same time lays down rules for public participation in plans and programmes drawn up within the following directives: 1975 Framework Waste Directive (75/442), 1991 Batteries Directive (91/157), 1991 Agricultural Nitrate Pollution Directive (91/676), 1991 Hazardous Waste Directive (91/689), 1994 Packaging Directive (94/62), 1996 Ambient Air Quality Directive (96/62/EC), and 1999 Waste Landfi ll Directive (99/31). Both Directive
4 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32003L0004:EN:NOT
5 http://ec.europa.eu/environment/aarhus/guidance.htm
6 http://eur-lex.europa.eu/Notice.do?val=115894:cs&lang=en&list=172228:cs, 115894:cs,&pos=2&page=1&nbl=2&pgs=10&hwords=&checktexte=checkbox&visu=#texte
7 http://eurlex.europa.eu
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2003/4 on Access to Environmental Information and Directive 2003/35 on Public Participation in the Drawing up of Community Programmes contain provisions on access to justice.
Th e loophole allowing exemption from public participation in GMO-related decision-making processes was drawn tighter by a Convention amendment adopted in Almaty, Kazakhstan, though the amendment is not yet in force.
Provisions for public participation in environmental decision making are to be found in a number of other environmental directives, such as: Directive 2001/42/EC on the Assessment of Certain Plans and Programmes (SEA Directive); Directive 2000/60/EC on Establishing a Framework for European Community Action in the Field of Water Policy (Water Framework Directive), and in the Seveso Directives: Council Directive 82/501/EEC (Seveso 1), amended by Council Directive 87/216/EEC (Seveso 2), amended by Council Directive 88/610/EEC (Seveso 3) on Major Accident Hazards of Certain Industrial Activities and Council Directive 96/82/EC on the Control of Major Accident Hazards Involving Dangerous Substances.
Several EU initiatives and laws go into greater detail concerning access to environmental information, such as the Global Monitoring for Environment and Security Initiative (GMES), Galileo (Europe’s new space and Earth observation policy) and INSPIRE.
Th e Global Monitoring for Environment and Security Initiative (GMES)8 provides reliable and up-to-date information on how our planet and its climate are changing. Six thematic areas have been developed: marine, land, atmosphere, emergency, security, and climate change. A land-monitoring service, marine-monitoring service and atmosphere-monitoring service contribute directly to climate change monitoring and assessment of mitigation and adaptation policies. Two additional GMES services provide for emergency response (fl oods, fi res, technological accidents, humanitarian aid) and security-related aspects (maritime surveillance, border control). All GMES services are designed to meet common data and information requirements and have a global dimension. Galileo will be Europe’s own global navigation satellite system, providing a highly accurate, guaranteed global positioning service under civilian control.
New European legislation on spatial data infrastructure, INSPIRE (Directive 2007/2/EC Establishing an Infrastructure for Spatial Information in the European Community), and an extension of e-government via the Shared Environment Information System (SEIS) (EC COM/2008: Towards a Shared Environmental Information System) will provide an information system based on the latest information and communication technology, thus granting decision makers at local to European levels easy access to real-time environmental data.
Th e Europe-wide network EIONET (European Environment Information and Observation Network) is coordinated by the EEA9 with the aim of ensuring data fl ows between national and European information systems.
European Commission implementation of the Aarhus Convention is weakest when it comes to access to justice. In 2003 the EC prepared a draft directive on access to justice in environmental matters,10 but the proposed directive has yet to be adopted.
In 2006, the EC also adopted a regulation on the application of Aarhus Convention principles for EC institutions and bodies (EC Regulation No. 1367/2006); this extends to EC Regulation No. 1049/2001 regarding public access to European Parliament, Council and Commission documents for all Community institutions and bodies. ‘Bodies’ refers not only to the European Parliament, Council Commission, Court of Justice and Court of Auditors, but also to other entities (e.g. Economic and Social Committee), all agencies (e.g. European Environment Agency) and all entities performing public functions, depending on the extent to which they act in a judicial or legislative capacity. In principle, the Council would be subject to Convention obligations when deliberating on international environmental conventions. Meanwhile, the Commission should not, according to the meaning of the Convention, be considered as acting in a ‘legislative capacity’. Furthermore, this regulation
8 EC decision of February 5, 2010 setting up the GMES Partners Board (2010/67/EU), Brussels, October 28, 2009.
9 http://www.eionet.europa.eu
10 http://ec.europa.eu/environment/aarhus/index.htm
17
requires these institutions and bodies to guarantee public participation in the preparation, modifi cation and review of “plans and programmes relating to the environment”, but falls short of requiring the same for policies, legislation and fi nancial programmes. Th e regulation also enables environmental associations meeting certain criteria to request, under environmental law, an internal review of acts adopted, as well as of any omissions by EC institutions and bodies. Any person (not just EU citizens) may fi le a request for information.
Furthermore, the European Commission has adopted two decisions to further implement this regulation:
• Commission Decision 2008/50/EC lays down detailed rules of application for EC Regulation No. 1367/2006 on the Aarhus Convention concerning requests for internal review of administrative acts.
• Commission Decision 2008/401/EC amended rules of procedure regarding the application of EC Regulation No. 1367/2006 concerning Community institutions and bodies.
Subsection A.3: EU Directives for Aarhus Convention Implementation
Th e Aarhus Convention is implemented in the European Community and supported by four EU Directives.
1. 2003/4/EC Public Access to Environmental Information
Th e objectives of this directive are to guarantee the right of access to environmental information and to establish basic terms and conditions of and practical arrangements for its exercise; and to ensure that environmental information is progressively made available and disseminated to the public in order to achieve the widest possible availability. To this end, the use of computer and/or electronic technology, where available, shall be promoted.
2. 2003/35/EC Public Participation and Access to Justice
Th e objective of this directive is to contribute to the implementation of obligations arising under the Aarhus Convention, particularly by (a) ensuring public participation in the drawing up of plans and programmes related to the environment and (b) improving conditions for public participation and establishing provisions for access to justice within Council Directives 85/337/EEC and 96/61/EC.
3. 2003/98/EC Re-use of Public Sector Information
Th is directive establishes minimum criteria for governing re-use of existing documents held by public sector bodies of Member States, such as museums, libraries, archives, orchestras, operas, ballets and theatres, which are exempted. Also, according to the directive, citizens and companies interested in obtaining access to documents are not required to prove a particular interest.
4. 2007/2/EC Infrastructure for Spatial Information in the European Community
In May 2007, a major development entered into force establishing infrastructure for spatial information in Europe to support EC environmental policies and activities. Th is directive requires that common implementation rules are adopted in a number of specifi c areas, such as: metadata, data specifi cation, network services, data and service sharing, and monitoring and reporting.
Environmental legislation in the Republic of Serbia is only partly harmonised with the EU legislative framework, and total transposition is required, which will happen in the next stages of the accession process. However, the Aarhus Convention can be successful in its own right, as it introduces democratic principles into policy making and provides grounds for implementation in ways acceptable to broad reaches of society. Adherence to Aarhus Convention principles also contributes to the effi ciency and cost-eff ectiveness of transposition and implementation of the EU’s environmental acquis.
19
Section 3.
Assessment of Conditions and Gap Analysis
Key Findings
Th e Aarhus Convention establishes minimum standards to be respected by all signatory countries.
Table B.1: Compliance with basic standards of Article 4 of the Aarhus Convention
Defi ned standard in the Aarhus Convention Compliance in the Republic of Serbia
The Convention recognises the right of access to “offi cial documents”, which is very broadly defi ned as any information in any form held by public authorities.There are exemptions.
YesThe same exemptions are found in the law in the Republic of Serbia.
Anyone may request access to information, and without having to submit a statement of interest.
Yes
States may allow public authorities to impose a charge for supplying information, but charges must not be excessive.1During decision-making processes, states must provide free of charge all relevant information available upon request.2
Yes
The right of access to information can be exercised in all:a) public administration bodies,3b) except bodies or institutions acting in a judicial or legislative capacity,4c) plus any other natural or legal persons having public responsibilities or functions, or providing public services 5
a) Yesb) Yesc) Yes
There is a limited list of exceptions; namely, cases when a request for information may be refused. The public interest served by disclosure, and whether the information requested relates to emissions into the environment, must each be taken into account, in which case no exceptions shall apply.
Not fully and accurately implemented. Some examples indicate a trend towards fully incorporating the Aarhus Convention (e.g. laws on EIA, SEA, IPPC, chemicals and biocidal products).‘Public interest’ is defi ned in the Law on Free Access to Information, though no clear criteria are established to apply such provisions in practice.Emissions data may not be protected as confi dential.vRequests for information related to safety and health in the Law on Biocidal Products should not be refused.
Parties submitting requests shall have access to an expeditious and inexpensive review procedure by a court of law or an independent body other than a court of law.
No (lacking procedural defi nition)Yes
1 Aarhus Convention, Article 4, Paragraph 8
2 Ibid., Articles 6 and 1.b
3 Ibid., Article 2, Defi nition 2 (under b)
4 Ibid., Article 2, Defi nition 2 (last sentence)
5 Ibid., Article 2, Defi nition c (under b)
6 Ibid., Article 4, Paragraph 4
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Commitment to Aarhus Convention Objectives
Th e Federal Republic of Yugoslavia committed to sustainable development principles at the 1992 Earth Summit in Rio de Janeiro. In 1993 the Yugoslav Government signalled its commitment to the agreement by passing a resolution on environment protection policy.
Th e Republic of Serbia continues this high-level commitment to making environmental information accessible to public, providing conditions for public participation in decision-making procedures, and establishing a legal framework for access to justice in environmental matters.
Continued commitment is evident from a number of activities that have taken place since the year of political changes in 2000, in the Republic of Serbia. Of special signifi cance are the following: ratifi cation of environmental treaties containing provisions corresponding to Aarhus Convention requirements (e.g. UNECE multilateral treaties and similar treaties); commitment to transpose the EC acquis into the legal system of the Republic of Serbia (directives on environmental protection fully in compliance with the Aarhus Convention); national policy documents containing commitments to develop a system of environmental protection based on Aarhus Convention values; and adoption of laws with legally binding provisions in accordance with the Aarhus Convention.
Th e Aarhus Convention is one of the clearest statements in international law of a fundamental right to a healthy environment.7 Th e Aarhus Convention enshrines ‘environmental rights’ as a basic human right, and identifi es access to information, public participation and access to justice as fundamental conditions for achieving sustainable and environmentally sound development. Th e Aarhus Convention’s legal distinction lies in its broad defi nition of ‘environmental information’, which includes not only quality of environment, but factors that infl uence environment, economic and policy information, and related health and safety concerns. Furthermore, the Aarhus Convention takes into consideration the rights of all stakeholders, and supports and stimulates education and raising awareness. Th is contributes to long-term development objectives that ensure equal rights for present and future generations.
Th e Constitution of the Republic of Serbia, established in 2006, declares that citizens have the right to a healthy environment and the right to be informed about the state of the environment, but also a responsibility to protect it.
Furthermore, the Law on Environment Protection in the Republic of Serbia (2004) guarantees the right to a healthy environment and access to the judiciary for citizens or groups of citizens, their associations, and professional and other organisations. Th ese aims and principles are also elaborated in the Sustainable Development Strategy adopted in 2008, and in the 2010 National Environmental Protection Programme.
According to Article 16 of the Constitution of the Republic of Serbia generally accepted rules of international law and confi rmed international treaties are composite parts of Serbia’s legal order and shall be implemented directly. Confi rmed international treaties must be in accordance with the Constitution. Th e Law on Ratifi cation of the Aarhus Convention (Offi cial Gazette of the Republic of Serbia, International Treaties, No. 38/09, May 12, 2009) incorporated the Convention into the legal system of the Republic of Serbia.
Environmental and other supporting legislation is currently being updated, including the preconditions required for the implementation of the Aarhus Convention defi ned in the convention itself.
Th e on-going activities in the country aim to fulfi l Convention obligations (e.g. First National Communication to the Conference of Parties).
Th e Republic of Serbia is a potential candidate for EU membership, and signed a Stabilisation and Association Agreement (SAA) in 2008. Th e country’s application for EU membership was submitted in 2009. Th e European Commission’s Progress Report for 20098 noted positive performance of the Republic of Serbia regarding horizontal legislation and ratifi cation of the Aarhus Convention. Th e 2010 Progress Report concludes that the Republic of Serbia needs to strengthen capacity for implementation and enforcement of legislation, including measures related to public participation.
7 http://ec.europa.eu/enlargement/index_en.htm
8 http://ec.europa.eu/enlargement/index_en.htm
21
Accordance of the Law in the Republic of Serbia with Aarhus Convention Requirements
Accordance of the legislation in the Republic of Serbia with the articles of the Aarhus Convention has been analysed in detail. Seventeen environmental laws are analysed here; two of them are amending laws to previously enacted laws. Four other laws, which are closely related, have also been analysed (see selection criteria in Subsection B.4).
Table B.2: List of reviewed environmental laws (see selection criteria in Subsection B.4)
No. Title Offi cial publication Abbreviation
Environmental Laws
1 Law on Environmental Protection Offi cial Gazette of RS, No. 135/04 LEP
2 Law on Environmental Impact Assessment Offi cial Gazette of RS, No. 135/04 LEIA
3 Law on Strategic Impact Assessment of the Environment Offi cial Gazette of RS, No. 135/04 LSEA
4 Law on Integrated Pollution Prevention and Control Offi cial Gazette of RS, No. 135/04 LIPPC
5 Law on Protection against Ionising Radiation and on Nuclear Safety
Offi cial Gazette of RS, No. 36/09 LPAIRNS
6 Law on Protection against Non-Ionising Radiation Offi cial Gazette of RS, No. 36/09 LPANIR
7 Law on Chemicals Offi cial Gazette of RS, No. 36/09 LCh
8 Law on Biocidal Products Offi cial Gazette of RS, No. 36/09 LBP
9 Law on Amendments to the Law on Environmental Impact Assessment
Offi cial Gazette of RS, No. 36/09 LEIA(am)
10 Air Protection Law Offi cial Gazette of RS, No. 36/09 APL
11 Nature Protection Law Offi cial Gazette of RS, No. 36/09 NPL
12 Law on Protection Against Noise in Environment Offi cial Gazette of RS, No. 36/09 LPANE
13 Law on Sustainable Use of Fish Reserves Offi cial Gazette of RS, No. 36/09 LSUFR
14 Law on Waste Management Offi cial Gazette of RS, No. 36/09 LWM
15 Law on Packaging and Packaging Waste Offi cial Gazette of RS, No. 36/09 LPPW
16 Law on Amendments to the Law on Environmental Protection Offi cial Gazette of RS, No. 36/09 LEP(am)
17 Water Law Offi cial Gazette of RS, No. 30/10 WL
Other laws
18 Law on Free Access to Information of Public Importance Offi cial Gazette of RS, Nos. 120/04, 54/07, 104/09 and 36/10
LFAIPI
19 Law on General Administrative Procedure Offi cial Gazette of the FRY, Nos. 33/97 and 31/01; and Offi cial Gazette of RS, No. 30/10
LAP
20 Law on Courts Offi cial Gazette of RS, No. 116/08 LC
21 Law on Administrative Disputes Offi cial Gazette of RS, No. 111/09 LAD
22
3.1. Defi nitions
Key Findings
1. Th e concept of ‘environmental information’ as envisaged in the Aarhus Convention has yet to be established in the Republic of Serbia’s legal system. Diff erent contexts are apparent in the legal provisions analysed here; as a consequence, many provisions related to access to information, access to justice and exemptions from disclosure are diffi cult to interpret and implement. Th us it is necessary to establish a comprehensive legal defi nition of ‘environmental information’ in the legal system of the Republic of Serbia that is fully in accordance with that of the Aarhus Convention.
2. Th e defi nitions of ‘public’ and ‘public concerned’ as applied in the Convention have been transposed into some environmental laws in the Republic of Serbia, but not in all of those under review here; thus the terms must be adjusted accordingly.
3. Other terms related to EU directives are not suffi ciently defi ned, ‘emission’ being one notable example. Th is leads to signifi cant regulatory discrepancies between various laws. Th ere are similar discrepancies concerning defi nitions of PRTR and genetically modifi ed organisms (GMOs), terms which are discussed in later chapters but which require follow-up analysis.
Assessment of terms
Table B.3 provides a summary overview of the accordance of the legislation in the Republic of Serbia with Aarhus Convention article requirements.
Table B.3: Comparison of defi nitions of key terms in both the Aarhus
Convention and the legislation the Republic of Serbia
Term As defi ned in the Aarhus
Convention
As defi ned in the legislation of
the Republic of Serbia
Accordance of legal defi nitions
in the Republic of Serbia
with Aarhus Convention
requirements
‘Public authority’ Government bodies, natural or legal persons performing public functions. May also refer to regional economic integration organisations, such as the European Community, but does not apply explicitly to bodies acting in a judicial or legislative capacity.
Public authorities are: state authorities, authorities of territorial autonomy, local authorities, or organisations granted public authority (Article 3 of the LFAIPI). When public functions are delegated or devolved, these bodies must provide access to information as well.
Yes – Defi ned in three environmental laws.There is no specifi c defi nition of ‘public authority’, but competences and responsibilities are defi ned.
‘Environmental information’
A broad defi nition referring not just to information on the state of the environment or information held by an environment ministry, but includes information on: environmental quality and emissions; factors that infl uence environmental quality and health; and information concerning decision making and analysis.
No defi nition exists, though the issue is partially regulated: e.g. the public may access data on the state of the environment (Article 9 of the LEP).
No – There is no defi nition in legislation of the Republic of Serbia. Furthermore, reasons for refusal of access to environmental information are not regulated in accordance with Article 4 of Aarhus Convention.
‘Information’ See Subsections B.1. and B.2. detailing the application of defi nitions in EU legislation.
Documented information, in which the public may have justifi able interest, that is held by a public authority and was created during (or related to) said authority’s operations (see LFAIPI).
Partly – In some legal documents, ‘document’ is frequently used instead of the ‘information’, which greatly narrows interpretation of the right of access to information, as the former refers only to physical documents and published material.
23
Term As defi ned in the Aarhus
Convention
As defi ned in the legislation of
the Republic of Serbia
Accordance of legal defi nitions
in the Republic of Serbia
with Aarhus Convention
requirements
‘Information of public importance’
Pertains to information in written, visual, aural, electronic or any other material form. Any other material forms not mentioned here, whether existing or to be developed in the future, also fall under this defi nition.
According to Article 2 of the LFAIPI, this concerns documents containing information in which the public has a justifi ed right to know, and which is held by a public authority; the source of information is a public authority or other entity, while the medium of documentation is not relevant.
Partly – The basic defi nition is valid only in the context of specifi c legislation, and no obligation exists for strict compliance with the Aarhus defi nition; the context of the Aarhus defi nition, however, is actually much broader.
‘Public’ Natural or legal persons, as well as organisations or groups of persons.
Comprises one or more natural or legal persons, their associations or groups of persons (LEP, LEIA, LSEA, LIPPC and LAP).The Law on General Administrative Procedure includes the involvement of any natural and legal person, as well as, inter alia, groups of persons without personal legal status, though under conditions that they may have legal rights, obligations or interests subject to administrative procedure.
Yes – The term is in accordance with Aarhus Convention, however, only in several environmental laws and the Law on General Administrative Procedure.No – The Water Law uses the term ‘broader public’.No – The Constitution uses the term ‘anybody’.
‘Public concerned’ Those who are aff ected or likely to be aff ected by or having an interest in environmental decision-making processes.Associations need only to promote environmental protection and meet requirements under national law to fi t the defi nition of ‘public concerned’.
Comprises members of the public aff ected or likely to be aff ected by a project, including associations providing evidence of competent authority (e.g. LEP, LEIA).Also comprises members of the public with an interest in decisions concerning environmental protection, including associations providing evidence of competent authority.
Partly – Defi ned in four environmental laws (LEP, LEIA, LSEA and LIPPC), but not mentioned in other laws analysed here.
Article 2 of the Aarhus Convention provides defi nitions of the terms ‘party’, ‘public authority’, ‘environmental information’, ‘public’ and ‘public concerned’. EU-directive terminologies for GMOs and PRTR are analysed in their respective chapters.
Aarhus defi nitions of ‘public’ and ‘public concerned’ are transposed into some environmental legislation in the Republic of Serbia, but not into all the environmental laws under review here. Th e word ‘everyone’ (svako) in Article 74 of the Constitution needs either to be changed or elaborated further, as it does not spell out the necessary diff erence between ‘public’ and ‘public concerned’. An authoritative interpretation (i.e. in line with the Constitution) would enable proper regulation concerning both terms in the environmental law in the Republic of Serbia. Other laws in the Republic of Serbia do not distinguish between the two terms, though such a distinction is necessary, as can be seen in the Republic of Serbia laws on EIA, SEA and IPPC. Furthermore, legal defi nitions of ‘public’ and ‘public concerned’ in accordance with the Aarhus Convention are applied in only a few laws in the Republic of Serbia. Th ere is no proper defi nition that is implemented consistently throughout the entire legal system.
Th e term ‘environmental information’ has yet to be established in the legal system of the Republic of Serbia in accordance with the Aarhus Convention. A defi nition of what relates to environment is of central importance for determining the scope of the Convention, and a defi nition of environmental information is a minimum requirement, though parties may use a broader defi nition. A diff erent scope of content can be drawn from those provisions of laws in the Republic of Serbia examined here. It is necessary for the Republic of Serbia to establish a comprehensive legal defi nition of ‘environmental information’ in accordance with the Aarhus Convention and apply it throughout the entire legal system of the country in a uniform manner. Legal inconsistency regarding access to information results in a potentially limited right to know as defi ned in Article 4 of the Convention and limits the eff ectiveness of access-to-justice mechanisms.
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Subsection B.1: Diff erent Approaches Concerning Information Made Available to the Public
Several countries in the UN/ECE region do not diff erentiate between environmental information and other kinds of information held by public authorities. In these countries, legislation or administrative tradition dictates that all information held by public authorities, with certain limitations, must be made accessible to the public. Finland, the Netherlands, Sweden, Ukraine, the United Kingdom and the United States are among those countries with general access-to-information laws that do not require a distinction between ‘environmental information’ and other information. Denmark has both a General Information Law and a more specifi c Law on Environmental Information. Where both kinds of laws exist, attention should be paid to consistency. For example, the EU’s Aarhus regulation is concerned with access to environmental information in any form, whereas the transparency regulation, which applies also to non-environmental information, refers only to access to ‘documents’.
Source: Implementation Guide for the Aarhus Convention
In summary, it is of basic importance to have harmonised defi nitions of ‘public’, ‘public concerned’ and ‘environmental information’ for a proper system of access to information and access to justice (see details in Subsections B.1. and B.3.). Similar conclusions may be drawn for some other defi nitions: ‘emission’ and ‘pollution inventory’ are only partly in accordance with requirements of EU directives, and this has an eff ect on what kind of information is collected and made accessible to the public.
Subsection B.2: Examples of Defi nitions as Applied in EU Legislation
EC Regulation (EC) No. 1367/2006, Article 2 – On the application of Aarhus Convention provisions to all European Community institutions and bodies
For the purpose of this Regulation:
(a) ‘applicant’ means any natural or legal person requesting environmental information;
(b) ‘public’ means one or more natural or legal persons, associations, organisations or groups of such persons;
(c) ‘Community institution or body’ means any public institution, body, offi ce or agency established by, or on the basis of, the Treaty except when acting in a judicial or legislative capacity. However, the provisions under Title II shall apply to Community institutions or bodies acting in a legislative capacity;
(d) ‘environmental information’ means any information in written, visual, aural, electronic or any other material form on:
(i) the state of elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modifi ed organisms, and the interaction among these elements;
(ii) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment aff ecting or likely to aff ect the elements of the environment referred to in point (i);
(iii) measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities aff ecting or likely to aff ect the elements and factors referred to in points (i) and (ii), as well as measures or activities designed to protect those elements;
(iv) reports on the implementation of environmental legislation;
(v) cost-benefi t and other economic analyses and assumptions used within the framework of the measures and activities referred to in point (iii); and
(vi) the state of human health and safety, including contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures in as much as they are or may be aff ected by
25
the state of the elements of the environment referred to in point (i) or, through those elements, by any of the matters referred to in points (ii) and (iii);
(e) ‘plans and programmes relating to the environment’ means plans and programmes:
(i) which are subject to preparation and, as appropriate, adoption by a Community institution or body;
(ii) which are required under legislative, regulatory or administrative provisions; and
(iii) which contribute to, or are likely to have signifi cant eff ects on, the achievement of the objectives of Community environmental policy, as laid down in the Sixth Community Environment Action Programme, or in any subsequent general environmental action programme.
General environmental action programmes shall also be considered as plans and programmes relating to the environment.
Th is defi nition shall not include fi nancial or budget plans and programmes, namely those which determine how particular projects or activities should be fi nanced or those related to proposed annual budgets, internal work programmes of a Community institution or body, or emergency plans and programmes designed for the sole purpose of civil protection;
(f) ‘environmental law’ means Community legislation which, irrespective of its legal basis, contributes to the pursuit of objectives of Community policy on the environment as set out in the Treaty: preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources, and promoting measures at international level to deal with regional or worldwide environmental problems;
(g) ‘administrative act’ means any measure of individual scope under environmental law, taken by a Community institution or body, and having legally binding and external eff ects;
(h) ‘administrative omission’ means any failure of a Community institution or body to adopt an administrative act as defi ned in (g).
Source: EC website: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:264:0013:0013:EN:PDF
26
3.2. Access to Environmental Information
Key Findings
1. Th e provisions of this pillar are implemented to a certain extent in the Republic of Serbia legal system, though improvement and narrowing of terminological gaps would simplify implementation (see points 2-6).
2. Th e right of access to information is either not clearly defi ned or missing altogether in many laws relevant to environment (e.g. Law on Ionising Radiation and on Nuclear Safety, Water Law, Law on Strategic Impact Assessment on the Environment, Law on Sustainable Use of Fish Resources).
3. Exemptions from the right of access to information and criteria for refusing requests for disclosure of information are fairly ambiguous, and interpretation of these stipulations in national legislation is somewhat arbitrary; for example, it seems up to public authorities to decide on the precise meaning of data that “impede the achievement of justifi ed economic interests” (Law on Free Access to Information, Article 9). Th ere is a need for clear and precise ‘rules of conduct’, including more precise criteria at national level for refusal of information disclosure.
4. Legal defi nitions of persons or entities with the right to request information are not consistent. Th e Law on Administrative Procedures requires an offi cial statement of interest, while environmental laws and the Law on Access to Public Information do not.
5. Lack of a defi nition of ‘environment information’ impedes implementation of several provisions, such as establishing an environment information system, preparing ‘state of the environment’ reports, and determining which environmental information is to be made public or withheld.
6. Information on the implementation of laws and policies and on international environmental agreements is not frequently made available to the public, and lack of information concerning progress of implementation is especially pronounced.
7. Practical arrangements for access to information (contact points, established practice and procedures, metadata registers and guidelines) are oft en absent. Th ere is a lack of available information online, but also in general especially at local level. Th is makes inquiry more time consuming and also more expensive for providers.
8. A developed information system can better support Aarhus Convention requirements, for example by establishing a reporting information system that provides a framework and common basis for basic data-collection needs.
9. Environmental analysis can be improved with monitoring systems, data-quality control and harmonisation of standards with the EU (e.g. providing comparable levels of nation-wide and international information to fi ll gaps between the information system and environmental statistics), continuous capacity building and clearly defi ning institutional responsibilities.
10. Some stipulations of the existing legislation in the Republic of Serbia are actually stricter than those of the Aarhus Convention. According to the Law on Free Access to Information, information must be made available more quickly, persons requesting information should be informed about the refusal to disclose information promptly, and information must be provided free of charge to journalists, human rights associations and all persons requesting information regarding threats to public health and/or the environment.
27
Assessment of the right of access to information
Access to environmental information, the public’s right to know, is the fi rst fundamental pillar of Aarhus Convention requirements. An inquirer has the right to obtain information upon request (Article 4) and has the right to be informed about the state of the environment (including, for example, information on emissions) and environmental policies and programmes (Article 5). Th e public also has the right to know which information is collected, and which public authority holds the information. Public awareness needs to be enhanced, and a system must be established to engage and help the public to formulate requests properly. Th ere are also clearly defi ned standards for time limits, charges and exemptions.
Table B.4. provides a summary overview of the accordance of the legislation in the Republic of Serbia with Articles 4 and 5 of the Aarhus Convention.
Table B.4: Accordance of the legislation in the Republic of Serbia
with Aarhus Convention access-to-information requirements
Aarhus
Convention
Article
Aarhus Convention provisions
(paraphrased: see Annex for exact wording)
Accordance of the legislation in the Republic
of Serbia with Aarhus Convention provisions
(see Annex for detailed explanations and article
references)
4. Access to information
4.1 1. Each Party shall ensure that, subject to the following paragraphs of this article, public authorities, in response to a request for environmental information, shall make such information available to the public:(a) without requiring a stated interest; (b) in the form requested unless:(i) it is reasonable for the public authority to make it available in another form, in which case justifi cation shall be given; or(ii) the information is already available to the public in another form.
Yes – Law on Environmental Protection, Constitution, Law on Chemicals, Law on Biocidal Products, Law on Nature Protection, etc.Partly – In the Law on Free Access to Information of Public Importance, this right is applied only if there is a threat to or a need for protection of public health and the environment. It does not provide the same rights concerning the state of the environment. No – The General Law on Administrative Procedure requires proven interest, and ‘public interest’ is not clearly defi ned.The main national institution for the control of free access to information is the Commissioner for Information of Public Importance and Personal Data Protection.
4.2 2. The environmental information referred to immediately above shall be made available as soon as possible and, at the latest, within one month after the request has been submitted, unless the volume and complexity of the information justify an extension of up to two months after the request is fi led. The applicant must be informed of any extension, along with reasons to justify the extension.
Yes – Even stricter stipulations apply for some types of environment information in the Law on Free Access to Information of Public Importance: i.e. as soon as possible and, at the latest, within 15 days of receiving a request; if the information concerns health or environmental protection, a response must come within 48 hours; possible extensions, with justifi cation, may be granted up to 40 days.The Law on Environmental Protection stipulates that a response must come within 30 days, while an extension up to 60 days may be granted for voluminous data or a longer-than-necessary preparation period.
4.3 3. A request for environmental information may be refused if the authority is not in the possession of the requested information, if the request is deemed either unreasonable or too general, or if the material is in the course of being completed or concerns internal communications of public authorities.
Yes – Law on Free Access to Information of Public Importance
28
Aarhus
Convention
Article
Aarhus Convention provisions
(paraphrased: see Annex for exact wording)
Accordance of the legislation in the Republic
of Serbia with Aarhus Convention provisions
(see Annex for detailed explanations and article
references)
4.4 4. A request for environmental information may be refused if the disclosure would adversely aff ect:(a) confi dentiality;(b) international relations, national defence or public security;(c) the course of justice,(d) confi dentiality of commercial and industrial information;(e) intellectual property rights;(f ) confi dentiality of personal data;(g) interests of a third party supplying the information; or(h) the environment to which the information relates, such as the breeding sites of rare species.The aforementioned grounds for refusal shall be interpreted in a restrictive way, taking into account the public interest served by disclosure and taking into account whether the information requested relates to emissions into the environment.
Partly – Law on Free Access to Information of Public Importance, Law on Protection of Personal Data and Law on Environmental Protection (see Table B.5 for clarifi cation).Furthermore, the Law on the Free Access to Information of Public Importance limits the right to privacy where particular data are concerned: “Such information relates to a person, event or occurrence of public interest, especially a holder of public offi ce or political fi gure, insofar as the information bears relevance to the duties performed by that person”, as well as when “a person’s behaviour, in particular concerning his/her private life, has provided suffi cient justifi cation for a request for such information.”Also, the Law on Biocidal Products states that the data concerning human and animal health and safety and environmental protection may not be categorised as ‘protected business information’.
4.5 5. When a public authority does not hold the environmental information requested, it shall either inform the applicant of the information’s whereabouts or transfer the request for information to a competent authority.
Partly – Not defi ned in all relevant laws.
4.6 6. Each Party shall ensure that if certain information is exempted from disclosure under Paragraphs 3 (c) and 4, the remainder of non-exempted information shall be made available
Partly – Not defi ned in all relevant laws. It is defi ned in the Law on Free Access to Information, but this Law pertains only to certain environment-related information.Yes – Law on Chemicals and Law on Biocidal Products
4.7 7. Refusal of a request for information shall be in writing if the request was in writing, and be made as soon as possible – within one month at the latest. The applicant shall be informed of any extension, along with reasons to justify the refusal.
Yes
4.8 8. Each Party may allow its public authorities to charge a fee for supplying information, though the charge must not be excessive.
Yes
5. Collection and dissemination of environmental information
5.1 1. Each Party shall ensure that public authorities possess and update environmental information in order ensure adequate fl ow of information and, in the event of any imminent threat to human health or the environment, that the information is disseminated without delay to members of the public who may be aff ected.
Partly – The Environmental Protection Agency (an institutional structure established within the Ministry of Environment, Mining and Spatial Planning) is the main responsible institution for maintaining the national environmental information system.Record keeping is also defi ned by all other laws analysed here, as well as in the Law on Free Access to Information of Public Importance, the Constitution, etc. Information fl ow and reporting is regulated in many cases, but not often in a satisfactory way.The Law on Environmental Protection, Law on Air Protection and Food Safety Law and Law on Chemicals elaborate communication and alert systems concerning information on threats to the environment and human health; however, most laws lack defi nitions of threat thresholds.No – There is a lack of coordination between diff erent institutions in terms of the information they collect and hold in their possession; this is due not only to murky divisions of responsibility between institutions, but also to a lack of bylaws defi ning data fl ows.
29
Aarhus
Convention
Article
Aarhus Convention provisions
(paraphrased: see Annex for exact wording)
Accordance of the legislation in the Republic
of Serbia with Aarhus Convention provisions
(see Annex for detailed explanations and article
references)
5.2 2. Each Party shall ensure that environmental information made available to the public shall be transparent and accessible by:(a) providing the type and scope of information, and basic terms and conditions of the process by which it can be obtained;(b) establishing and maintaining practical arrangements, such as:(i) providing publicly accessible lists, registers or fi les;(ii) requiring offi cials to support the public in seeking access to information under this convention; and(iii) identifying points of contact; and(c) providing free-of-charge access to environmental information contained in lists, registers or fi les as referred to in above subparagraph (b) (i).
Yes – (a, b-i, b-ii, c) According to the Law on Free Access to Information of Public Importance, all government bodies are obliged to publish at least once a year a directory containing key facts about its operations.No – (a, b-iii) There is presently no national-scale metadata register; responsible institutions generally possess some type of metadata register, primarily for internal use.Partly – (b-iii) Key institutions, such as the Environmental Protection Agency and Institute for Nature Conservation, possess clearly defi ned points of contact; many institutions, however (especially within local government, and in public and private enterprises), lack clearly defi ned points of contact.
5.3 3. Ensure that the following environmental information becomes available progressively in electronic databases that are easily accessible:(a) reports on the state of the environment;(b) texts of legislation concerning or related to the environment;(c) relevant policies, plans and programmes; and(d) other relevant information.
Partly – Reports on the state of environment are published regularly; some environmental data are published online by the Statistical Offi ce of the Republic of Serbia; texts of policies, plans and programmes and laws uploaded regularly to the internet (the Ministry of Environment, Mining and Spatial Planning, Institute for Nature Conservation of Serbia, Agency for Chemicals, National Assembly of the Republic of Serbia and Aarhus Centre in Kragujevac are good examples).
5.4 4. At regular intervals, not exceeding three or four years, Parties shall publish and disseminate a national report on the state of the environment, including information on environmental quality and pressures on the environment.
Yes –The Environmental Protection Agency publishes reports annually; the Statistical Offi ce of the Republic of Serbia also publishes some environmental data on a regular basis (monthly, quarterly and annually). Information needs, however, to be of higher quality and updated more frequently.
5.5 5. Governments are required to publish legislation and documents related to the environment.
Partly – These are uploaded regularly to the internet by the Ministry of Environment, Mining and Spatial Planning, Institute for Nature Conservation of Serbia, Agency for Chemicals, National Assembly of the Republic of Serbia, Aarhus Centre in Kragujevac and others. All legal documents are also published in the Offi cial Gazette of the Republic of Serbia.Details concerning project/programme implementation and progress reports on implementation are very rarely made available.
5.6 6. Applies to the public dissemination of privately held information, such as frameworks for voluntary eco-labelling or eco-auditing schemes.
Partly – The Law on Environmental Protection includes provisions on the EMAS system and eco-labelling. The Rulebook on Terms and Procedures for Obtaining Rights to Use Ecological Sign, Elements, Appearance and Procedures for the Use of Ecological Sign Products, Processes and Services (2009), establishes clear criteria for a national eco-labelling system.
5.7 7. Requires governments to publish information concerning environmental decision-making and policy-making.
Partly – The Law on Free Access to Information of Public Importance stipulates that all government bodies shall publish, at least annually, a report containing key facts about its operations.
30
Aarhus
Convention
Article
Aarhus Convention provisions
(paraphrased: see Annex for exact wording)
Accordance of the legislation in the Republic
of Serbia with Aarhus Convention provisions
(see Annex for detailed explanations and article
references)
5.8 8. Requires mechanisms for disseminating environment-related product information to consumers, which enables consumers to make informed choices.
Partly – Provisions on product information are provided in the Law on Protection of Consumer Rights, Law on Environmental Protection, Law on Chemicals, Law on Biocidal Products, Law on Packaging and Packaging Waste, Rulebook on the Organic Farming Control and Certifi cation and Organic Farming Methods, Rulebook on Declaration and Marking of Packaged Foodstuff s, etc.The Food Safety Law states: “The interests of consumers must be protected to the largest extent possible. Food business operators shall provide the fi nal consumer with information that will make it possible for him/her to choose products in a way that is not misleading with regard to composition, properties and purposes of products.”However, practical mechanisms are insuffi ciently regulated and need to be improved and defi ned in clearer terms.
5.9 9. Concerns the development of national systems for maintaining information on pollution releases and transfers; these shall constitute: a harmonised, nationwide system; a structured, computerised, publicly accessible database; and data compilation through standardised reporting.
Yes – The Environmental Protection Agency is the responsible institution for establishing and maintaining a PRTR register as one of the subsystems of the National Register of Pollution Sources, the results of which are to be published online.Local authorities are responsible for establishing and maintaining local registers of environmental pollution sources.A bylaw specifying responsibilities and information fl ow has been adopted - Rulebook on National and Local Pollution Sources Register Development Methodology and on Methodology related to the Data Collection Types, Manners and Deadlines published in the Offi cial Gazette of the Republic of Serbia, No. 91/10.
5.10 10. Nothing in this article may support or encourage the right of Parties to refuse disclosure of certain environmental information in accordance with Article 4, Paragraphs 3 and 4.
Yes
Within the national legislation of the Republic of Serbia, the general right of access to information is defi ned most extensively in the Law on Free Access to Information of Public Importance. According to Article 4 of the Law: “Justifi ed public interest to know […] shall be deemed to exist whenever information held by a public authority concerns a threat to, or protection of, public health and the environment.” Further elaboration of the access to information is provided in Article 5: “Everyone shall have the right to be informed whether a public authority holds specifi c information of public importance and/or whether such information is otherwise accessible to him/her. Everyone shall have the right to access information of public importance by being allowed to examine a document containing information of public importance, by being entitled to make a copy of that document, and by being entitled to receive a copy of such document upon request, by mail, fax, electronic mail or otherwise.”
Th e right of access to information is also established in other legal documents that regulate issues of environmental protection, such as the Law on Chemicals (Article 84), Law on Protection against Non-Ionising Radiation (Articles 3 and 11), Law on Biocidal Products (Article 47) and Nature Protection Law (Article 115).
According to the Law on Free Access to Information of Public Importance (Article 4), the right to receive information always pertains when related to environmental protection; and Article 15 stipulates that applicants are not obliged to specify reasons for a submitting a request for information. On the other hand, the Law on General Administrative Procedures (Article 70) stipulates that an applicant must prove interest.
However, right-of-access-to-information stipulations are absent or not clearly defi ned in many legal documents within the fi eld of environmental protection (e.g. Law on Protection against Ionising Radiation and on Nuclear Safety, Water Law, Law on Sustainable Use of Fish Resources, Law on Environmental Impact Assessment, Law on Strategic Impact Assessment on the Environment, etc.).
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Exemptions from the right of access to information and criteria for refusal of a request for information disclosure are generally ambiguous. As a result, interpreting such stipulations in national legislation is arbitrary to an extent, and it appears to be up to public authorities to decide, oft en case by case, on the precise meaning of such provisions. For instance, it is fairly arbitrary how one would interpret the meaning of data that “impede the achievement of justifi ed economic interests”, or whether a request is “unreasonable”, “frequent”, if “too much information is requested” (Law on Free Access to Information of Public Importance, Articles 9 and 13), or if a request is not in accordance with the “public interest” (Law on General Administrative Procedures, Article 70, Offi cial Gazette of FRY, Nos. 33/97 and 31/01). Table B.5. presents a general overview of stipulations covering refusal of information disclosure criteria in national legislation, and their accordance with Aarhus Convention provisions. Th ere is a need to establish guidelines and clear, precise criteria – if possible, at national level – concerning the refusal to disclose information. According to the Law on Free Access to Information of Public Importance (Article 12), if the requested information is provided only in part, the remainder of the information must be extracted and provided as well to the applicant.
Table B.5: Criteria in national legislation for refusal to disclose information,
and their accordance with Aarhus Convention provisions
Aarhus Convention criteria for refusal to disclose information
(Article 4, Paragraphs 3 and 4)
The Republic of Serbia’s legal documents in which such
provisions exist (relevant article number is in brackets)
4.3 Authority does not hold the environmental information requested
LFAIPI
Request is manifestly unreasonable or formulated in too general a manner
LFAIPI, LAP
Material is in the course of being completed or concerns internal communications of public authorities
LFAIPI
4.4.
(a) Confi dentiality LEP (80), LFAIPI (9), LEIA (27), LFAIPI (9), LIPPC (23), LCh (85), LBP (46), NPL (115), LWM (69), LAP (70)
(b) International relations, national defence or public security LEP (80), LFAIPI (9)
(c) Course of justice LEP (80), LFAIPI (9), LAP (70)
(d) Confi dentiality of commercial and industrial information LEP (80), LIPPC (23), LFAIPI (9)
(e) Intellectual property rights LEP (80)
(f ) Confi dentiality of personal data LEP (80), (14)
(g) Interests of a third party that has supplied information LEP (80)LFAIPI requires disclosure even in such cases
(h) Environment to which the information relates, such as breeding sites of rare species
LEP(am) (80)
The aforementioned grounds for refusal shall be tested against public interest served by disclosure and whether the information requested relates to emissions into the environment.
LAP (70)LCh, LBP,Law on Nature Protection (especially), etc.
Documents lacking defi ned criteria for refusal of disclosure
LSEA, LPAIRNS, LPANIR, APL, LPANE, LPPW, LSUFR, WL
Legal criteria concerning who has the right of access to information vary from document to document. While the Law on Free Access to Information of Public Importance (Article 5) prescribes that everyone is entitled to this right, some laws draw a distinction between the ‘public’ and ‘public concerned’, granting right of access only to the latter. For instance, in the Law on Environmental Impact Assessment (Article 2), the ‘public concerned’ includes the “public aff ected by or likely to be aff ected by the project, including associations that promote environmental protection and are registered with the competent authority”; in the Law on Strategic Impact Assessment on the Environment (Article 3), the ‘public concerned’ includes the “public aff ected or public likely to be aff ected by the plan or programme and/or having interest in decisions related to environmental protection, including non-governmental organisations involved in environmental protection and registered with the competent authority.” Th is distinction is present in the Law on Integrated Pollution Prevention and Control (Article 2), and is also established within the Law on Environmental Protection via introduction of the term ‘public concerned’ in the Law on Amendments to the Law on Environmental Protection.
32
National legislation generally lacks a clear defi nition of ‘information’, as well as criteria defi ning which information may be deemed information of public importance. Th e most detailed defi nition is provided in the Law on Free Access to Information of Public Importance (Article 2), according to which, it is that “information held by a public authority body, created during or relating to the operation of a public authority body, which is contained in a document and concerns anything the public has a justifi ed interest to know. For information to be considered information of public importance, it shall be irrelevant whether the source of information is a public authority or another person, which medium carries the document containing the information (paper, tape, fi lm, electronic media, etc.), on which date the information was created or in which way the information was obtained, nor shall any other similar properties of such information bear any relevance for this purpose.” In some legal documents (e.g. the Law on Free Access to Information of Public Importance, Law on General Administrative Procedures, and Law on Environmental Impact Assessment) the term ‘document’ is frequently used instead of the term ‘information’, which can result in a much narrower understanding of the right of access to information when it refers only to documents and published material. It is, however, important to note that the practice of using the term ‘offi cial document’ instead of ‘information of public importance’ is also present in many international documents, as well as in legal documents of the European Union.
Th e key national institution for providing and coordinating access to environmental information is the Environmental Protection Agency, which was established in 2004 as an administrative body within the Ministry of the Environment, Mining and Spatial Planning. Th e lack of a meta-register and of clearly identifi ed contact points in other institutions as well as an underdeveloped environmental information system, are some of the obstacles to performing this task effi ciently. Th e responsible authority for controlling free public access to information is the Commissioner for Information of Public Importance and Personal Data Protection, whose authority is established through the Law on Free Access to Information of Public Importance. Th e Commissioner is responsible for monitoring the compliance of public authorities with obligations stipulated by this law.
Th e Aarhus Convention establishes time limits for the disclosure of requested information. Th e Law on Environmental Protection (Article 79) stipulates the same time limits as the Convention. However, the Law on Free Access to Information of Public Importance (Article 16) sets even stricter time limits: information must be disclosed as soon as possible, but not later than 15 days aft er an application is submitted, and no later than 48 hours if the information concerns health or environmental protection. Possible extensions for voluminous or complex data may be granted, but only up to 40 days. Lack of harmonisation between these two laws is a potential source of confusion for public authorities. Similarly, the Law on Free Access to Information of Public Importance sets much shorter time limits for replying to applicants in case of refusal to grant a request; a reply must be submitted as soon as possible, but no later than 15 days from the submission of a request, and with no possibility of extending this period. Th e Aarhus Convention allows, and even recommends, Parties to impose stricter standards than those stipulated by the Convention. Furthermore, according to the Constitution of the Republic of Serbia (Article 20), civil rights, once achieved, may not be diminished.
While the Aarhus Convention allows public authorities to impose a reasonable charge for supplying information, national legislation generally prohibits payment for the supplying of information. According to the Law on Free Access to Information of Public Importance (Article 17), “access to a document containing requested information shall be granted free of charge.” Only the costs of making document copies and postal expenses may be charged, and the schedule of charges is defi ned in a bylaw, the Decree on Compensation for the Necessary Costs of Issuing Copies of Documents (Offi cial Gazette of RS, No. 8/06). Furthermore, according to the same Article in the Law on Free Access to Information of Public Importance, journalists, human-rights associations and all persons requesting information regarding threats to or protection of public health and environment, are exempted from any kind of cost incurred in the provision of information (e.g. copying of documents or postal expenses).
Th ere are a number of problems in applying legal provisions on access to information. Th ere is low overall awareness, both within the general public and with public authorities, regarding Aarhus provisions and related stipulations in national legislation. Th eir level of public interest in seeking information on the state of environment is generally low, and public authorities are still unprepared to provide or actively share relevant information. (See Subsection B.3. below.)
33
Subsection B.3: Article 5: Collection and Dissemination of Environmental Information
Ekoportal <www.ekoportal.pl> (Poland)
Th is website provides detailed information about environmental protection, and focuses especially on Polish legislation and projects. Ekoportal also assists environmental administration units at regional and local levels with maintaining registers of documents concerning the environment and environmental protection. Th ese documents are in electronic format and available to the public.
Source: REC web site: <http://web.rec.org/documents/eaarhus/overview-of-the-cases.pdf>
Regarding the proactive provision of environmental information on the web or in the form of publications, campaigns or press conferences, public authorities and institutions responsible for monitoring, record keeping, reporting and providing data fl ow to the Environmental Protection Agency generally lack the fi nancial, technical and human capacity to work effi ciently on gathering and disseminating information. Quality is unsatisfactory, and there are gaps in coverage of environmental information. Research and monitoring related to biodiversity and other elements of the environment remains far from systematic, and reporting to responsible institutions is inadequate. General data fl ow between public authorities and from pollution emitters to the Environmental Protection Agency needs improving, and there is a need for additional bylaws to defi ne record-keeping, monitoring and reporting systems for operators more clearly and in greater detail – especially concerning procedures and time limits for adequate fl ow of information to public authorities. Exceptions regarding data publication are not clearly defi ned in the legislation in the Republic of Serbia, and there is a need for more precise criteria. Organisations that are obliged to submit environmental information to the Environmental Protection Agency frequently designate certain data as unavailable for public disclosure, especially ‘raw data’. Th e control of organisations responsible for providing relevant environmental information, and control of data-fl ow processes to public authorities, remains ineffi cient. Th ere is also need to tighten control of products on the market, as well as the disclosure of product information. Also lacking is an effi cient system of external control regarding the adequacy and objectivity of data provided concerning situations posing an imminent threat to human health or the environment.
Subsection B.4: Availability and Flow of Environmental Information in the Republic of Serbia
Th e Environmental Protection Agency of the Republic of Serbia (SEPA) has made a good progress in the area of information dissemination (so called “Priority Data Flows”) by increasing data fl ows to European Environment Agency from 17% in 2004 to 75% in 2010
(http://www.eionet.europa.eu/datafl ows/pdf2011/benchmarking?year=2010). Furthermore, both the SEPA and Ministry of Environment, Mining and Spatial Planning regularly provide information and implementation reports to the implementing bodies of various international conventions and agreements. According to the Reporting Obligations Database <http://rod.eionet.europa.eu> within EIONET, there were 98 pending and 19 completed reporting obligations for Serbia at the end of 2010.
Meteorological and climate data for the Republic of Serbia are publicly available on the website of the Republic Hydrometeorological Service of Serbia (http://www.hidmet.gov.rs/). Th e Republic of Serbia has developed Th e First National Communication under the United Nations Framework Convention on Climate Change (UNFCCC) which is available on the website of the Ministry of Environment, Mining and Spatial Planning (http://www.ekoplan.gov.rs/srl/upload-centar/dokumenti/razno/inicijalna_nacionalna_komunikacija.pdf).
Th e cooperation within the Danube Convention has also led to a greater availability of higher quality and more reliable information.
Th e Rulebook on National List of Environmental Indicators has been adopted (“Offi cial Gazette of RS”, No. 37/2011) on the basis of which the Report on the State of the Environment in the Republic of Serbia for 2010 has been prepared (http://www.sepa.gov.rs/download/Izvestaj_o_stanju_zivotne_sredine_za_2010_godinu.pdf).
Sources: EPR Serbia II, EEA Western Balkan Report, SEPA EEA Report
< http://www.eea.europa.eu/publications/eionet-priority-data-fl ows-may-2008-april-2009>
34
Th e support system for responding to requests for information is not evenly developed (see Subsection B.5. below). Contact points and persons have to be defi ned more clearly in all institutions holding relevant data on the state of environment (i.e. those institutions listed in the Catalogue of Public Authorities, as required by the Law on Free Access to Information of Public Importance). Also, a clear, updated and integrated metadata register on environmental information is lacking. Responsible institutions generally own some type of metadata register, but these are mostly established for internal use and are not suffi ciently comprehensive and harmonised. Some types of general information are oft en available online, but not in suffi cient detail.
Subsection B.5: Article 4: Basic Conditions and Procedures for Receiving Information (U.K. good practice)
A meta-info system <http://www.defra.gov.uk/corporate/opengov/index.htm> in the United Kingdom contains specially prepared web pages to assist anyone wishing to obtain information from the Department for Environment, Food and Rural Aff airs.
Source: REC web site: <http://web.rec.org/documents/eaarhus/overview-of-the-cases.pdf>
According to data from the Offi ce of the Commissioner for Information of Public Importance and Personal Data Protection, there have been few complaints fi led thus far for refusal to disclose environment-related information, but this is due mostly to lack of public awareness of environmental issues.
Low awareness of these issues and lack of capacity are most pronounced within local government. Many municipalities, especially those which are less developed, lack fi nancial, technical and human capacities to eff ectively and effi ciently process and disclose information. Many municipalities do not have regular internet access (e.g. 10–20% of municipalities lack their own website), lack clearly defi ned points of contact for requested information and have insuffi ciently trained personnel for the processing of requests. On the other hand, many municipalities which do have their offi cial websites do not publish on them the most important environmental information, e.g. relevant strategic documents such as local environmental action plans, local waste management or spatial plans and strategic impact assessments related to the local environment etc. Another major problem is lack of available metadata (i.e. information about the type and scope of data held by each public authority) that could facilitate the processing of submitted requests for information from interested parties. Th ere is urgent need for establishing a nationwide metadata register for indicating to which public authority an interested party should submit a request for information.
Other laws designate diff erent public authorities as responsible for specifi c registers relevant to environment protection; however, some bylaws are still missing due to a lack of defi ned responsibilities and coordination between institutions and ministries. Record keeping and active dissemination of information on the state of environment are also defi ned in the Law on Environmental Impact Assessment, Law on Integrated Environmental Pollution Prevention and Control, Law on Chemicals, Law on Biocidal Products, Air Protection Law, Nature Protection Law, Law on Protection Against Noise in the Environment, Law on Waste Management, Law on Packaging and Packaging Waste, Food Safety Law, Law on Free Access to Information of Public Importance, and others.
Th e Environmental Protection Agency is responsible for establishing and maintaining the electronic National Information System, which should be publicly available on the Internet. Even though the information system is in the last phase of construction, plenty of data and many analyses are already available on the website of the Agency (http://www.sepa.gov.rs/). Some topics are not yet suffi ciently included in the information system, such as traffi c, chemical usage, biodiversity and noise monitoring.
Th e Serbian Environmental Protection Agency (SEPA) is the main responsible institution for keeping databases on environmental information and dissemination of environmental information. In accordance with Article 74 of the Law on Environmental Protection, the SEPA shall establish and maintain an information system that will “procure formation, classifi cation, maintenance, presentation and distribution for numerical, descriptive and spatial databases on: quality of the environmental media, monitoring of the status and protection of the environment, legal, administrative and organisational and strategic measures, scientifi c-technical information about planning measures of prevention and exchange of information with other information systems, etc.” Th e SEPA is also an institution responsible for establishing the Environmental Pollution Sources Register, which is in principle harmonised with PRTR Protocol and E-PRTR Regulation and data are being submitted (see Subsection 3.7).
35
Regular publication of a “national report on the state of environment” is elaborated in the Law on Environmental Protection (Articles 76 and 77). In accordance with this Law, the SEPA must publish a national report on an annual basis. Some environmental data is also published regularly (monthly, quarterly, annually) by the Statistical Offi ce of the Republic of Serbia. All reports are available online. Furthermore, according to the Law on Free Access to Information of Public Importance, all government bodies are obliged to publish, at least once a year, a “directory of key facts about operations of public bodies” containing information, such as: duties, internal organisation, budget, types of services, manner and place of storing information mediums, types of stored information, types of accessible information, description of procedures for submitting requests, rules and decisions of government bodies concerning transparency of operations, working hours, addresses, contact details, accessibility for persons with special needs, access to sessions, permissibility of audio and video recording, regulations on limitations of work transparency, and rationale for said limitations. A more detailed description of the directory contents can be found in the bylaw titled Instruction for the Creation and Publication of the Information Booklet on Public Authority Work (Offi cial Gazette of RS, No. 68/10).
Information dissemination in the event of any imminent threat to human health or the environment is detailed in a number of documents: Law on Environmental Protection (Articles 42 and 62), Law on Air Protection (Article 23), Food Safety Law (Articles 9, 38 and 40).
Subsection B.6: Communication to Stakeholders and the Public: Practice in the Republic of Serbia
Th e SEPA and the MEMSP websites provide some information, albeit incomplete, about their activities and the state of the environment. Neither the Agency nor the Ministry issue bulletins, newsletters, briefi ngs or press releases on a regular basis, though the situation has improved somewhat in recent years. By contrast, the Institute for Nature Conservation reaches out quite eff ectively to various stakeholders, such as schools and newspapers. Th e MEMSP Sector for Control and Surveillance regularly uploads on the MEMSP website its biannual and annual reports as well as the results of the implemented activities etc.
Source: Th e Second Environmental Performance Review, Republic of Serbia (2007)
Th e Environmental Protection Agency has established cooperation with a number of international reporting bodies, and regularly submits data on the state of environment to the European Environment Agency through the European Environment Information and Observation Network (EIONET). Data fl ow has increased notably in the last few years. Th e SEPA has also established regular communication with the Global Monitoring for Environment and Security (GMES) system and Shared Environmental Information System (SEIS). Th e Geodetic Authority of the Republic of Serbia is the responsible institution for cooperation with the Infrastructure for Spatial Information in the European Community (INSPIRE). Th e MEMSP Sector for Control and Surveillance is a member of the ECENA network (Environmental Compliance and Enforcement Network for Accession) and submits reports draft ed by an independent expert to the ECENA Secretariat.
Most national legislation, policies, plans, programmes, and agreements are available online. Online databases of legislation are now in place at the Ministry of Environment, Mining and Spatial Planning, Institute for Nature Conservation of Serbia, Agency for Chemicals, National Assembly of the Republic of Serbia, Aarhus Centre in Kragujevac and other authorities. All legal documents are also regularly published in the Offi cial Gazette of the Republic of Serbia.
Ratifi ed international agreements are published in the Offi cial Gazette of the Republic of Serbia as elements of national legislation. Th e Ministry of Environment, Mining and Spatial Planning, Environmental Protection Agency, Institute for Nature Conservation of Serbia and other institutions are publishing internet reports of their dealings with environmental protection. However, the scope of information provided is not exhaustive; details of policy proposals for framing major environmental policies are rarely made available online. Furthermore, information that is available on the internet is seldom presented systematically, and frequently lacks verifi able sources.
National eco-labelling and eco-auditing frameworks are still in their initial phase of development. Th e Law on Environmental Protection includes provisions on the EMAS system (Articles 44–50) and eco-labelling (Articles 53 and 54). Th e Rulebook on Terms and Procedures for Obtaining Rights to Use Ecological Signs,
36
Elements, Appearances and Procedures for Use of the Ecological Sign for Products, Processes and Services (Offi cial Gazette of RS, No. 3/09), which entered into force in 2009, established clear criteria for a national eco-labelling system. It is important to note that this system is harmonised with the EU’s eco-labelling system. Key institutions responsible for these systems are the Institute for Standardisation of Serbia (regarding the ISO 14000 system), Accreditation Board of Serbia (for certifi cation procedures) and the Food Quality Group within the Ministry for Agriculture, Forestry and Water Management (regarding ISO 22000:2005 food-safety standards, HALAL and KOSHER standards, and GLOBALG.A.P. certifi cation system, etc.). In its reports on the state of the environment in the Republic of Serbia, the Environmental Protection Agency publishes data on the ISO 14001 certifi ed companies and enterprises which introduced cleaner production as well as on the eco label licences. However, public awareness and interest in eco-labelling in the Republic of Serbia is very low, which results in low interest from producers and private enterprises to become involved in eco-labelling and certifi cation systems.
Provisions regarding mechanisms to ensure that suffi cient product information is made available to the public are provided by: the Rulebook on Declaration and Labelling of Packaged Foodstuff s (Offi cial Gazette of SCG, Nos. 4/04, 12/04 and 48/04), Law on Environmental Protection (Article 52), Warning in the Declaration (Articles 53 and 54), Law on Chemicals (Articles 9, 16–23), Law on Biocidal Products (Article 37), Rulebook on Classifi cation, Packaging, Labelling and Advertising of the Chemical and Certain Product (Offi cial Gazette of RS, Nos. 59/10 and 25/11), Rulebook on Classifi cation, Packaging, Labelling and Advertising of the Chemical and Certain Product in accordance with the UN Globally Harmonised System for Classifi cation and Labelling (Offi cial Gazette of RS, Nos. 64/10 and 26/11) and Rulebook on Specifi c Requirements related to Packaging, Labelling and Advertising of Biocidal Product (Offi cial Gazette of RS, Nos. 59/10 and 26/11), Law on Packaging and Packaging Waste (Article 15), Rulebook on Organic Farming Control and Certifi cation and Organic Farming Methods (Offi cial Gazette of RS, No. 48/11), Rulebook on the Manner of Marking Agricultural and Food Products from Genetically Modifi ed Organisms (Offi cial Gazette of SCG, No. 6/03), etc. Article 8 of the Food Safety Law states: “Th e interests of consumers must be protected to the largest extent possible. Food-business operators shall provide the fi nal consumer with such information as will make it possible for him/her to choose products in a way that will not mislead the consumer with regard to the composition, properties and purpose of products.”
37
3.3. Public Participation in Environmental Decision - making
Key Findings
1. Th e Republic of Serbia undertook steps to implement the Aarhus Convention ten years prior to ratifying it. It has developed a set of procedures for public participation, primarily via the Law on Environmental Protection (2004), Law on EIA9 (2004), Law on SEA (2004), and Law on IPPC (2004). Th ese new laws provide a legal framework for public participation that can be implemented.
2. Some legal requirements regarding public participation are not yet fully harmonised. For example, implementation of public participation-related provisions in SEA and IPPC are not feasible without supporting articles in other sectoral laws and sub-laws, such as the Law on Physical Planning and Building.
Capacity and practical mechanisms for conducting transboundary EIAs are lacking; this is particularly important when bearing in mind geographical size and possible new energy- and renewable energy facilities and natural gas infrastructure. Th ere is a lack of legal requirements concerning transboundary mechanisms for previously signed bilateral agreements with neighbouring countries (except for IPPC). Also missing are procedures to implement transboundary impact assessments when countries lack bilateral or multi-country implementation agreements (even for IPPC); these are needed, as nearly all relevant countries are party to the Espoo Convention.
3. Awareness of opportunities for participation in decision making (e.g. hearings, forums, regular stakeholder participation) is not well developed, and communication instruments themselves need to be developed further. Activities to support and develop public awareness are limited.
4. Inter-sectoral cooperation and cooperation between diff erent spatial entities at diff erent levels (national, province, local) is not developed suffi ciently to carry out effi cient public-participation procedures.
5. Public participation is rarely seen by decision makers at any level as an essential component for taking good and legitimate decisions, and environmental capacities are especially low at local levels. Also, environmental associations have very low knowledge and skill levels for participating in decision-making processes. Th ere is little or no support (fi nancial mainly, but also operational) for capacity building of associations for their participation in decision making and cooperation with neighbouring countries and other associations. Evaluations from decision makers concerning the infl uence of associations are also lacking. Facilitation of public participation and involvement should be improved and trust built, especially in climate change-related matters, EIA and SEA procedures, and procedures for preparation of laws.
Assessment of rights to public participation
Th e second pillar of the Aarhus Convention relies upon the other two pillars for its eff ectiveness: the information pillar ensures that the public can participate in an informed fashion, while the access-to-justice pillar ensures that participation rights can happen in reality and not just on paper.
Th e fi rst part of this pillar concerns participation by a public that might be aff ected by or is otherwise interested in decision making concerning a specifi c activity (Article 6); the second part concerns public participation in the development of plans, programmes and policies relating to the environment (Article 7). Finally, public participation in the preparation of laws, rules and legally binding norms is covered in Article 8.
To achieve the aims of these provisions, eff orts should be made to actively seek the participation of relevant actors in a transparent, consultative manner. If such participation is excluded, clear and transparent standards and criteria for this should be developed. Processes should benefi t from public participation at an early stage and provide reasonable time frames for diff erent stages and allow suffi cient time for informing the public; fi nally, the public concerned should be given ample time to prepare and participate eff ectively during decision-making processes. Th e public should be informed in due time of opportunities, procedures and criteria for public participation in decision-making processes. Also, the promotion public participation outcomes in fi nal decisions should be promoted.
9 Related to Article 6 of the Aarhus Convention: public participation in decisions on specifi c activities with a potential signifi cant eff ect on the environment.
38
Table B.6: Public participation: accordance of the legislation in the
Republic of Serbia with Aarhus Convention requirements
Aarhus
Convention
Article
Aarhus Convention provisions (paraphrased:
see Annex for exact wording)
Accordance of the legislation in the Republic of Serbia
with Aarhus Convention provisions (see Annex for
detailed explanations and article references)
6. Public participation in decisions on specifi c activities
6.1 1. Requires Parties to guarantee public participation in decision-making processes involving potentially signifi cant environmental impact.See also: list of activities (Annex), non-listed activities, and exemption due to national defence concerns.
Partly – Accordance: Law on Environmental Impact Assessment; Decree on establishing a list of projects for which an Environmental Impact Assessment is mandatory and a list of projects for which an Environmental Impact Assessment may be requested (Offi cial Gazette of RS, No. 114/08).Lists of activities are not fully in accordance with the EU regulations and the Aarhus Convention list.Non-listed activities: Decree on types of activities and plants for which an integrated license may be obtained (Offi cial Gazette of RS, No. 84/05), as a bylaw based on the Law on Integrated Environmental Pollution Prevention and Control (2004), states the list of activities to which this procedure applies.An exception in terms of application is related to national defence requirements.
6.2 2. Sets requirements for notifying the public concerned about decision making: early on in the process; in an adequate, timely and eff ective manner; and meeting basic minimum content requirements.
Partly – The public is involved early enough in the process according to the LEIA and IPPC, but not nearly early enough in other laws, such as Seveso Directives and the Nature Law.No studies are available on the adequacy, timeliness and eff ectiveness of public notifi cation. Preliminary expert opinion on public notifi cation is that it is not eff ectively implemented, especially at the local level.The LEIA defi nes a minimum content of information required in public notifi cation. The public shall be notifi ed if activity is of a transboundary nature, though this provision is diff erently interpreted as to what constitutes an ‘early stage’ or whether Aarhus requirements are fulfi lled. As far as the IPPC is concerned, all these aspects are well regulated.
6.3 3. Public participation procedures shall include reasonable time frames for diff erent phases, allowing suffi cient time for informing the public in accordance with Paragraph 2 above, and for the public to prepare and participate eff ectively during the decision-making process.
Yes
6.4 4. Each Party shall provide for early public participation when all options are open and eff ective public participation can take place.
Partly – Yes in LEIA and LIPPC; not in other laws, including Seveso directives and the Law on Nature.No – Performance or quality standards do not exist for public participation, which often results in pro forma public participation.
6.5 5. Each Party should, when appropriate, encourage prospective applicants to identify the public concerned, to enter into discussions, and to provide information regarding the objectives of an application before applying for a permit.
Yes – LEP, LIPPC, LEIA, LSEANo – Certain laws regulate this matter where the possibility for enforcement of this provision does not exist.
6.6 6. Paragraph 6 requires Parties to impose an obligation on public authorities to provide the public concerned with access to all available information relevant to a decision-making procedure covered by article 6, subject to certain limitations.
Yes – The laws provide for the availability of all information (e.g. delivery of documents upon request concerning the issuing of permits or draft Integrated Pollution Prevention and Control permit).
6.7 7. Procedures for public participation shall allow the public to submit, in writing or, as appropriate, at a public hearing or inquiry with the applicant, any comments, information, analysis or opinions deemed relevant to the proposed activity.
Yes
39
Aarhus
Convention
Article
Aarhus Convention provisions (paraphrased:
see Annex for exact wording)
Accordance of the legislation in the Republic of Serbia
with Aarhus Convention provisions (see Annex for
detailed explanations and article references)
6.8 8. Each Party shall ensure that due account is taken of the outcome of public participation in any environmental decision-making process.
Partly – Yes for EIA, IPPC, Seveso, though, in practice imprecisely regulated not eff ectively implemented; No for the Nature protection law.More study is needed concerning outcomes of public participation in decision-making processes, but preliminary assessments point to shortcomings. Written explanations of how public comments are taken in account are rarely applied, and feedback is not provided.
6.9 9. Each Party shall ensure that, when a public authority takes a decision, the public shall be promptly informed of the decision in accordance with appropriate procedures. Each Party shall make accessible to the public the text of the decision, along with considerations and reasons for taking a decision.
No – Regulations require that details of outcomes be provided, but detailed texts are not required (LEIA, IPPC, Seveso).
6.10 10. Defi nes public participation for reconsidered, changed or updated; activities the responsible public authority is to apply Paragraphs 2–9 accordingly.
Yes – IPPC, LEIA, Seveso directives.No – Provisions concerning updated activities need to be made more specifi c.
6.11 11. Paragraph applies to decisions taken on genetically modifi ed organisms (GMOs).
No – See Subsection 3.7. on GMOs.
7. Public participation concerning plans, programmes and policies relating to the environment
7.1 1. Requires parties to provide for public participation during preparation of plans and programmes relating to the environment in a transparent and fair manner, and to provide necessary information.
Partly – SEA implementation is not required for plans and programmes related to agriculture, forestry, fi shing, hunting, energy, industry, transport, waste management, water management, telecommunications, tourism, preservation of natural habitats and wildlife (fl ora and fauna), which is the relevant scope detailed in Article 5 of the Law on Strategic Environmental Impact Assessment (2004). Procedures for assessing the impact of plans and programmes on environment and health have not been developed; nor has operational cooperation between competent ministries been established; thus the public concerned is denied the opportunity to participate in the review of plans and programmes, as stipulated in Article 9.The Law on Strategic Environmental Impact Assessment regulates conditions, methods and procedures according to which impact assessments of certain plans and programmes are to be carried out (Article 1).Strategic assessment is to be carried out with regard to spatial and urban planning or land use, and is the responsibility of the urban planning authority. The Law on Planning and Construction supports the implementation of strategic environmental assessment.A strategic assessment report and the results of participation of authorities, organisations, the public concerned – and other states in cases involving transboundary impact – shall each play integral roles in the documentation of plans and programmes (Article 24).The Law on Waters (2010) stipulates participation of the wider public in the preparation of a water management plan (Article 38), but not to a suffi cient degree: opportunities to work out a joint implementation strategy, as defi ned in the Water Framework Directive, have not been seized.The Law on Environment Protection (2009), in its plan for protection against chemical accidents, does not establish criteria for public participation; only a fi nal security report shall be submitted to the public.The legal basis for participation of the public and associations in decision-making process is growing continuously: see the Law on Nature Protection (2009) and Law on Genetically Modifi ed Organisms (2009).
40
Aarhus
Convention
Article
Aarhus Convention provisions (paraphrased:
see Annex for exact wording)
Accordance of the legislation in the Republic of Serbia
with Aarhus Convention provisions (see Annex for
detailed explanations and article references)
8. Public participation during the preparation of executive regulations and/or generally applicable, legally binding normative instruments
8.1 1. The Convention recognises that, in addition to the right to take part in basic decisions aff ecting their lives, members of the public also have a role to play in the development of laws and normative acts.
Partly – Laws and executive legislation do not require any public participation in these development processes. The Law on State Administration (Article 77) stipulates that a public debate has to be organised during preparation of a law that would change in essence the legal regime within a particular fi eld, or regulate issues of particular relevance to the public. A public debate may, within limits, be considered a means of granting full public participation in the decision-making process; but this comes down to the quality and eff ectiveness public consultation made available beforehand.
Th e fi rst initiatives related to the Aarhus Convention started in Serbia in 1999, and were initiated by the Regional Environmental Centre for Central and Eastern Europe (REC) and REC Serbia. Promotion was conducted through continuous activity, such as workshops and the preparation of guidelines. In this respect, Serbia undertook steps to implement the Aarhus Convention in advance of its ratifi cation.
During this ten-year Aarhus Convention pre-ratifi cation period, the Republic of Serbia developed a set of procedures for public participation, primarily the Law on Environmental Protection (2004), Law on EIA10 (2004), Law on SEA (2004) and Law on IPPC (2004). With this series of new laws, public participation is adequately inscribed within a legal framework that can be implemented, although monitoring and impact assessment needs to be strengthened. With regard to implementing the Law on EIA, there are cases where all steps have been implemented and where comments from associations and the public are numerous. An adequate implementation overview of the Law on Environmental Impact Assessment (EPR 2007) is lacking, however.
In May 2005, the Ministry of Environment developed a communication strategy called ‘Strengthening Environmental Management at the Directorate for Environmental Protection: a Dialogue for 2005–2006’. Th e overall objective was to support enhanced communication between the Directorate – at that time within the Ministry of Science and Environmental Protection – and all stakeholders in the country interested in environmental protection. Th e strategy describes the objectives and organisation of the communication, as well as activities for reaching the stated goals. Upcoming phases include the development of more detailed action plans to support the strategy. However, implementation of the strategy has been progressing slowly because of other priorities in the Ministry (EPR 2007). Th e new government re-established a separate ministry competent for environment in 2007.
Ten years of preparation succeeded with the Republic of Serbia 2009 ratifi cation of the Aarhus Convention. Th e country then began to implement the EU accession process, which is its fi rst priority. It is expected that the ‘journey’ towards EU membership will grant more status and importance to the Aarhus Convention and public participation. A questionnaire recently provided to gauge opinion of the accession of the Republic of Serbia to the EU11 includes questions about public participation, which should apply more pressure to implement the second pillar of the Aarhus Convention.
Cooperation with associations and the public is crucial for Aarhus Convention implementation. Th e legal basis for participation of the public and associations in the decision-making process is now stronger with, for example the Law on Nature Protection (2009), Law on GMOs (2009), Law on Water (2010) and, to a certain extent, other laws connected to environment. However, public consultation on content and impact of draft laws remains insuffi cient. Th e governmental bodies lack harmonised rules and practices for public consultation (e.g. media presentations on laws or strategies are classifi ed as ‘public participation’ in some cases), which indicates a fundamental lack of understanding of the concept. Here the main problems are not only regulations or lack of public awareness, but very oft en the lack of basic working conditions (adequate space, equipment, communication, networks, fi nancial resources) which makes it impossible for the civil associations to bring
10 Related to Article 6 of the Aarhus Convention concerning public participation in decisions on specifi c activities with potential signifi cant eff ect on the environment.
11 Information requested by the European Commission to the Government of Serbia for preparation of an
opinion on Serbia’s application for European Union membership (November 2010).
41
together citizens interested in participating in public debates and to educate them about certain environmental problems thus enabling their effi cient participation in discussions. Creating conditions for the operation of associations as stakeholders (strengthening the capacity of associations) cannot be an issue of certain donors’ interest, but a deliberate policy, both at national and especially at local level enabling their systemic active participation in decision-making processes, from the earliest stages to the implementation of strategic and other documents, regulations, policies, programmes and plans.
Th e Republic of Serbia public is generally not included in public debate, which is mostly because the public does not understand invitations concerning public insight and debates except in concrete cases when property rights have been jeopardised. As things stand now, the public gets involved too late – that is, aft er projects have been approved and implementation is underway. Th ere have been situations in which attempts have been made to exercise rights by turning to authorities that are, in fact, not responsible for protecting the environment in the cases in question. On the other hand, the public sometimes participates in campaign discussions (oft en politicised) that are launched with the sole aim of preventing a project from being implemented. Intolerance, lack of readiness to engage in dialogue, lack of expertise with reference to one’s own role, and mistrust of institutions are all apparent.
Facilitation of public participation and involvement should be improved, especially in climate change-related matters.
Performance and quality standards for public participation remain undeveloped. Th is is characterised by: pro forma public participation; large segments of civil society not participating in consultations; results of outcomes of public participation exercises not taken into consideration in fi nal decisions; low levels of transparency in citizen-oriented administrative practice in environmental matters; and lack of established mechanisms for informing the public on decisions reached. Field surveys reveal that citizens lack trust in environmental data, and reasons for this should be analysed further.
Th ere is little budgeted fi nancial support for public participation, especially concerning continuous fi nancial support for analytic and assessment work. It is necessary to establish precise criteria for allocating fi nances in alignment with environmental protection objectives and indicators, and to ensure funds at both national and local levels.
Public participation in the preparation of laws and regulations is limited; while there is some evidence of public participation at early stages of law draft ing, public participation in the draft ing of bylaws is minimal to non-existent. Public consultation on content and impact of draft laws remains insuffi cient.
Public participation in EIA procedures has not been developed because of a lack of criteria establishing the meaning of ‘association’. Th ere is need for a legal regulation to establish eligibility criteria for participation of associations; competent authorities must also be obliged to grant participatory status to associations.
As for procedures concerning public participation in the environmental impact assessment process, there are open questions about the possibilities of procedural abuse, such as obstruction of decision making in order to achieve other aims, and lack of clear understanding of copyright infringements in cases where access to information is requested – namely, in the copying of documents. Besides, there are also problems in coordinating activities for obtaining the approval of EIA studies and informing inspection authorities about such procedures. At the same time, it is recommended that informing the public about launching appropriate EIA-related procedures must include informing competent administrative entities about implementation problems at all levels (communal, municipal, provincial and national) on whose territory a project is to be carried out. All of this requires in-depth analysis; thus implementation and monitoring of adopted legislation needs to be improved and made more eff ective.
Public participation in decisions on specifi c activities is regulated by the Law on Environmental Impact Assessment (2004) and Law on Integrated Pollution Prevention and Control. Implementation of EIA and IPPC requirements is not feasible without supporting articles in other sectoral laws and sub-laws, such as the Law on Physical Planning and Building or legislation on emission limit values for waters.
Procedures governing public insight, presentation and debate about EIA studies are specifi ed in corresponding rulebooks. Th ere are also standards and guidelines regarding the quality of relevant information and procedures to supervise how competent authorities treat public opinion. Documents classifi ed as business-, offi cial- or state secrets are excluded from mandatory public disclosure, though this does not prevent the disclosure of data relating to emissions, risks from accident, monitoring results and inspection surveys.
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Articles 5 and 6 of the Aarhus Convention are related, respectively, to the collection and dissemination of environmental information and public participation in decision making on specifi c activities during the preparation of laws and regulations. Examples of good practices can be found in the Czech Republic, Denmark, France, Slovakia and the U.K (see Subsection B.7. below).
Subsection B.7: E-portals that Support Public Participation
Information system on environmental assessments <eia.enviroportal.sk> (Republic of Slovakia)
Th is website, provided by the Ministry of Environment of the Republic of Slovakia, off ers a complex information system on environmental impact assessment and strategic impact assessment.
Public hearing on types of nature and species in Natura 2000 sites <www.Borger.dk> (Denmark)
In order to manage and protect species and nature types included in the EU Habitats Directive, it is important to be aware of their presence in Natura 2000 sites. During a one-month public hearing, the Danish Ministry of Environment presented the results of site inventories and asked for comments and supplementary input. Th e hearing was published on Borger.dk, a common platform for electronic dialogue between authorities and citizens in Denmark.
LEGESE <www.legese.org> (U.K., Czech Republic, France)
LEGESE is an e-participation action project that pilot-tested a new service to encourage easy communication and information exchange for eff ective public participation in the implementation phase of European-initiated legislation at local and regional levels. LEGESE provides a single point of access for easy understanding of the huge corpus of EU legislation, which is the source and driver of much of the legislation that is implemented at national and regional levels throughout Europe.
Source: REC web site: <http://www.rec.org>
Th e competent planning authority shall provide for public participation in its consideration of a strategic assessment report, prior to submitting an application for approval of the report (Article 19). Th e public shall consider the report within the procedure of making plans and programmes available for public scrutiny and during the public debate, if not legally stipulated otherwise. Th e competent planning authority shall inform the public about methods and deadlines for gaining insight into the content of the report and submission of opinions, as well as about the time and place of public debate organised in accordance with laws regulating procedural adoption of plans and programmes. Th e authority in charge of preparing the plan and programme (and this applies as well to transboundary activities) shall compile a report on the participation of authorities, organisations and the public concerned, which shall include all opinions (Article 20). Th e report shall be compiled within 30 days from the date of completing public debate, and shall include an explanation for accepting or rejecting all opinions.
Examples of practical inclusion of the public in the preparation of laws are rare, and the practice is non-existent in the preparation of regulations and bylaws.
Subsection B.8: Public Participation in Law Development and Adoption in the Republic of Serbia
A good example of public participation in decision making was seen during the draft ing of the Law on Environmental Protection in 2003, including comprehensive discussions in nearly 40 towns, including: Čačak, Užice, Šabac, Valjevo, Pirot, Niš, Zrenjanin, Novi Sad, Sombor, Subotica and Sremska Mitrovica. Th is example was highlighted at the fi rst meeting of member countries of the Aarhus Convention.12
Following the adoption of legal acts under the Aarhus Convention (14 in all), the Ministry of Environment, Mining and Spatial Planning of the Republic of Serbia posts the information on its website and welcomes public comment and suggestions.
12 http://www.unece.org/env/pp/mop1docum.statements.htm
43
3.4. Access to Justice in Environmental Matters
Key Findings
1. It is highly unlikely that a proper system of access to justice will be established in a national system of environmental law without accurate and harmonised defi nitions of ‘public’, ‘public concerned’ and ‘environmental information’, and other relevant defi nitions.
2. A preliminary review procedure in cases related to public participation was introduced in stages one and two of the EIA procedure. No preliminary review procedure is allowed in cases of fi nal decisions on EIA, SEA and IPPC permits; instead, the procedure instigated before the Administrative Court is provided for.
3. Th e environmental laws in the Republic of Serbia provide no access-to-justice provisions in accordance with the Aarhus Convention concerning decisions on protection against radiation and nuclear safety, non-ionising radiation, air protection, nature protection, protection against noise in environment, sustainable use of fi sh reserves, waste management, packaging and packaging waste, and water protection, planning and management.
4. It seems in most cases, however, that adequate solutions can be found in other laws regulating certain basic issues of the legal system. Th ese laws were adopted prior to the ratifi cation of the Aarhus Convention in the Republic of Serbia, but their respective provisions seem to be fully satisfactory nevertheless.
5. Competent authorities for dealing with issues and requirements of the third pillar of the Aarhus Convention exist not only at state level, but also at municipal, city and provincial levels. Th e latter are bound to the same national-level legislative framework. An investigation to assess and implement the same legal framework at diff erent levels of public authorities is highly recommended.
Assessment of the right of access to justice
Article 9 of Aarhus Convention regulates access to justice in environmental matters. Th ere is need for an appropriate mechanism to guarantee that rights aff orded by other pillars of the Convention are in place under national environmental law, such as:
• review procedures relating to information requests;
• review procedures relating to public participation;
• review procedures for public review of acts and omissions of private persons or public authorities;
• minimum standards applicable to access-to-justice procedures, decisions and remedies; and
• facilitation of eff ective access to justice via information on access to administrative and judicial review procedures and appropriate assistance mechanisms to remove or reduce fi nancial and other barriers to access to justice.
Table B.7. illustrates the accordance of the legislation in the Republic of Serbia with Article 9 requirements of the Aarhus Convention.
44
Table B.7: Accordance of the legislation in the Republic of Serbia
with Aarhus Convention access-to-justice provisions
Aarhus
Convention
Article
Aarhus Convention provisions
(paraphrased: see Annex for exact wording)
Accordance of the legislation in the Republic
of Serbia with Aarhus Convention provisions
(see Annex for detailed explanations and article
references)
9. Access to justice
9.1 1. Review procedure requirements relating to information requests under Article 4, such as:• judicial or other independent and impartial review;• expeditious and inexpensive reconsideration or procedural review;• Actively ensuring the right to initiate procedures;• binding fi nal decisions; and• written justifi cation for decisions taken.
Partly – Yes for LEP, LEIA, LIPPC. No for SEA.Only insuffi cient provisions in noise legislation regarding presentation of strategic maps.The Law on Free Access to Information of Public Importance is the only law that could be implemented in other cases.
9.2 2. Review procedure requirements related to the review of decisions on public participation under Article 6 and other relevant provisions of the Convention, including:• judicial or other independent and impartial review;• possibility for preliminary administrative review; and• standing requirements of existing national legislation.
Partly – Yes for LEP, LEIA, LIPPC. No for omissions of private persons or public authorities concerning national law relating to the environment.Provisions of the Law on General Administrative Procedure shall apply for all procedural issues not regulated by special administrative procedures (regulated, for example, by LEIA, LIPPC and SEA).The LEIA covers the fi rst two phases of EIA; appeal against a fi rst-instance administrative decision (third phase) is not allowed.The status of environmental associations should be clearly regulated by the Law on Associations; The status of associations is established in several laws (e.g. EIA, SEA and IPPC), but not specifi cally in the Law on Associations (2009).
9.3 3. Public review procedure requirements related to the acts and omissions of private persons or public authorities concerning national law relating to the environment. This pertains to:• administrative review procedures; and• judicial review procedures
Partly – No with regard to environmental laws; also, in many cases, relevant procedures are either lacking or under-regulated.No administrative procedure is available in the event of an industrial accident, though anybody may make a civil claim for compensation against damages.
9.4 4. Requirements regarding the standards applicable to access-to-justice procedures, decisions and remedies include:• adequate and eff ective remedies, including injunctive relief;• fairness;• equity;• timeliness;• non-prohibitive costs;• recorded decisions in writing; and• decisions being made available to the public.
No – Such provisions do not exist in environmental laws, but do exist in other types of laws.Further research is required concerning costs of access to justice.
9.5 5. Requires Parties to facilitate eff ective access to justice. This includes providing:• access to information concerning administrative and judicial review procedures; and• appropriate assistance mechanisms to remove or reduce fi nancial and other barriers to access to justice.
No – Support by environmental authorities for associations and academic initiatives is notably weak.
Access to justice based on Aarhus Convention requirements, and in cases related to public participation (Article 9, Paragraph 2), is fairly modest in the Republic of Serbia. It is to be found only in those laws regulating EIA, SEA and IPPC, and is insuffi ciently present in the Nature Protection Law (regarding the establishment of protected areas) and the Environmental Protection Law (regarding safeguarding against chemical accidents).
A preliminary review procedure of cases related to public participation was introduced in stages one and two of the EIA procedure. A review procedure has yet to be allowed regarding cases of fi nal decisions on SEA permitting; a review procedure regarding the decision on issuing IPPC permits may only be initiated before the Administrative Court. Th e possibility of a procedure of preliminary administrative review is regulated by the Law on General Administrative Procedure. If a specifi c law prohibits expressis verbis such a review (i.e. a complaint registered against a fi rst-instance decision of an administrative organ), the law must contain a provision guaranteeing the possibility of instigating an Administrative Court procedure against the decision.
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No access-to-justice provisions in accordance with the Aarhus Convention are included in the environmental laws in the legislation in the Republic of Serbia concerning protection against radiation and nuclear safety, non-ionising radiation, air protection, nature protection, protection against noise in environment, sustainable use of fi sh reserves, waste management, packaging and packaging waste, and water protection, planning and management.
It seems that, in most cases, adequate solutions can be found in other laws regulating certain basic issues of the legal system. Th ese laws were adopted before the Republic of Serbia ratifi cation of the Aarhus Convention, but their respective provisions seem to be fully satisfactory nevertheless. Th ey show that the legal tradition of the Republic of Serbia, in some aspects important for implementation of the Convention, off ers fertile ground for upgrading a fully satisfactory body of basic law. It seems that the current trends in the development of legislation also support this observation, at least as far as laws are concerned, such as the Law on General Administrative Procedure and the Law on Free Access to Information of Public Importance, outlined below.
Law on General Administrative Procedure
Provisions of this Law shall be applicable for all procedural issues not regulated by legal provisions concerning special administrative procedures, such as decision-making procedures concerning EIA, SEA, IPPC and ‘Seveso’ facilities.
Some principles upon which the Law on General Administrative Procedure is based upon (and, consequently, a number of specifi c provisions) may be assumed as fully or mostly in line with Aarhus Convention provisions requiring expeditious and inexpensive review procedures for registering complaints against fi rst-instance decisions, which sometimes must be taken in the form of second-instance or fi nal administrative decision prior to bringing any lawsuit to the court. Th e Administrative Court shall decide on court expenses.
Terminology concerning who has the right to take part in such procedures may be assumed to be in accordance with the Aarhus Convention’s defi nition of ‘public’ and respective defi nitions found in several environmental laws. It should be noted here that the terms ‘public’ and ‘public concerned’ in Serbia’s environmental laws, insofar as they are in accordance with the Aarhus Convention, are valid only in their isolated legal contexts. Th e national legal system lacks consistent application of this particular terminology. (See Subsection 3.4.)
Law on Free Access to Information of Public Importance
Th is law aims to provide the public’s right to know and to achieve a free democratic order and open society. Th e law guarantees access to information held by a public authority which concerns a threat to or protection of public health and the environment. It provides grounds for further development towards full compliance with the Aarhus Convention, but at present fulfi ls this aim only partially.
Th e rights guaranteed by this law apply to everyone under equal conditions, but are limited in this case to what in the Aarhus Convention is referred to as “health and safety information”. Th e public’s right to know is always justifi ed where information concerning threats to human health and the environment is concerned (Article 4), and the ‘public’ and ‘public concerned’ have the right to address the Commissioner for Information of Public Importance and Personal Data Protection, along with the power to request access to desired information. Access to justice in such cases is granted only through the Commissioner.
Th ese legal provisions, not fully in accordance with the Aarhus Convention, are open to rather arbitrary refusal by public authorities. Aarhus provisions require support for the development of conditions amenable to public access to justice.
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3.5. Assessment of Overall Legislative Support for Aarhus Convention Implementation
Key Findings
1. At least 17 environmental laws were adopted between 2004 and October 2010. Th e fi rst set of these laws (i.e. LEP, LEIA, LSEA, IPPC, adopted in 2004) are harmonised to a great extent with Aarhus Convention requirements.
2. Th e second set of legislation (i.e. APL, LBP, LCh, LEP (am), LEIA (am), LSUFR, LPANE, LPANIR, LPAIRNS, LPPW, LWM, NPL, WL, all adopted in 2009, except WL which was adopted in 2010), most of which were draft ed and adopted in parallel with Aarhus Convention ratifi cation, are harmonised to a great extent with the Aarhus Convention. However, some of these laws are not in accordance with the Aarhus Convention requirements.
Accordance assessment of legislation
Th ere is no specifi c law regulating Aarhus Convention implementation in the Republic of Serbia; nor is there a legal foundation for ensuring the existence of all the necessary conditions for compliance with the Convention. A number of environmental laws – several of them ‘horizontal laws’ regulating cross-cutting issues, and others being ‘sectoral’ laws – were enacted in the 2004—2010 period, not taking into account laws that entered into force in December 2010 and which mostly amended environmental laws adopted in 2009. Th e fi rst set of laws (2004) (LEP, LEIA, LSEA and LIPPC) are harmonised to a great extent with Aarhus Convention requirements, though not at the same level (strengths and weaknesses of each of these laws are broadly elaborated elsewhere in this document); surprisingly, however, this set of laws is arguably better harmonised with Aarhus Convention requirements than those laws adopted in the second set of environmental laws adopted in 2009 and 2010 (LPAIRNS, LPANIR, NPL, LPANE, LSUFR, LWM, WL). Th is is primarily due to the speed in passing of the laws from 2009.
Th e aim of this assessment was not to investigate the reasons for these signifi cant omissions. Instead, eff ort was focused on providing as accurate gap assessment as possible on and on formulating proposals to change the situation and steer the legislative situation towards full compliance with the Aarhus Convention.
Th e scope of this assessment was designed to provide an accurate review of the environmental legislative framework in the Republic of Serbia in place, as of October 1, 2010, namely, compliance of all the laws forming part of that framework with the three pillars of the Aarhus Convention. Seventeen laws, designated as environmental laws, are analysed in this context, two of them amending laws to previously enacted laws. Th e relevant elements of four other laws supporting the implementation of environmental laws are also analysed. (For the list of reviewed laws, see Table B.2.)
Selection criteria for analysing the Republic of Serbia’s legal compliance with Aarhus Convention requirements
Th ere are fi ve main criteria considered in this section, detailed below.
1. Laws included are ‘environmental’ laws. Th e key designating criterion here for ‘environmental law’ is an assumption that the original intent of the legislator is to transpose respective elements of the EC acquis into the legal system of the Republic of Serbia.
2. Bylaws are not included. Following the adoption of these environmental laws, a great number of bylaws were adopted. Th ese are not dealt with in this context, in spite of the fact that there are cases when they fall within the ambit of Aarhus Convention implementation.
Th e bylaws developed by the Republic of Serbia’s executive branch and regulating environmental issues constitute part of the body of legislation that guarantee human and civil rights in the country. Th is is due to the fact that the Aarhus Convention is an international legal instrument connecting environment with human rights. Gap analysis of this body of law would certainly require a much broader approach, starting from an examination of the rule-of-law principle in the legal system in the Republic of Serbia. Th is in turn would require a comprehensive, detailed review and assessment of relations between
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parliamentary and executive branches of power in terms of their scope of law-making competence. It appears that these constitutional issues, along with connected legal issues, are fundamental components for practical implementation and development of Serbia’s constitutional and legal system, and should be highlighted from a much broader platform, and not from the standpoint of analysing compliance with an international treaty or one particular sector – in this case, the environment sector.
3. Some related non-environmental legislation is analysed. Th is legislation includes: the Law on General Administrative Procedures, Law on Free Access to Information of Public Importance, Law on Courts, and Law on Administrative Disputes. Other related laws (e.g. spatial planning legislation that the SEA procedure, regulated by LSEA, also relies on) have not been analysed. Th is is also the case for a number of other items of legislation, such as the Law on Forestry and laws concerning mining and infrastructure, in addition to executive legislation adopted subsequently for implementation purposes.
4. Civil law remedies and most provisions of penal law related to the environment are not analysed. Details concerning fi nes and penalties contained in the investigated environmental laws are discussed briefl y, merely to illustrate situations in which legal sanctions are necessary. Also, in some instances the fi nes prescribed may be deemed in accordance with Aarhus provisions.
5. Legislation included in the assessment is adopted prior to October 1, 2010. Th e eff ort should be made that the regulations adopted aft er this date comply with the Aarhus Convention provisions.
Gap analysis concerning access to justice in cases connected to public participation (in accordance with Aarhus Convention Article 9, Paragraph 2) shows that certain laws in the Republic of Serbia contain provisions on public participation, most notably those laws regulating EIA, SEA, IPPC and protected nature areas (the latter of which have some EIA procedural resemblance). Th e review procedure stipulated in the Convention (Article 9, Paragraph 2, Sub-paragraph 1) is allowed in the earlier stages of the EIA procedure (Articles 11 and 15), but no review procedure regarding the approval of an EIA study is allowed. Th e fi rst-instance decision on the approval of an EIA study is fi nal, although a lawsuit may be brought before the Administrative Court (Article 26). No review procedure is allowed in case of the decision the granting an IPPC permit either; but a procedure before an Administrative Court can be initiated (Article 15, Paragraph 7). Neither a procedure allowing a review of fi rst-instance decisions nor access to justice is provided in the legislation with regard to SEA.
Th e Law on Environmental Protection (LEP) contains declarative provisions providing for public participation (Articles 7 and 9, Basic Principle 10), but those provisions are of little relevance due to the law’s actual legal nature. Most provisions of the LEP as actually formulated are valid only in the scope of that particular Law; for example, all terms and defi nitions apply specifi cally in the context of the LEP. Actually, ‘public participation’ (and, respectively, all defi nitions and legal institutions) must be regulated in detail via ‘sectoral’ laws. Numerous LEP provisions exist parallel to such ‘sectoral’ legal provisions – and cannot be applied; it is only with regard to a ‘Seveso installation’ that such provisions make sense and may be applicable (i.e. links are established between the LEP and EIA); it is only with regard to a ‘Seveso installation’ that such provisions make sense and may be applicable in conjunction with the provision of Article 60a concerning the procedure of public insight, presentation and public hearing on the Security Report, and that they must be identical to respective provisions regulating those elements of EIA procedure (Article 32 of the Law on Amendments to the Environmental Protection Law). Th e formulation of this provision is not clear in the sense that there are no clear legal grounds to specify whether a review request and/or lawsuit against ministerial approval of the Security Report may be allowed. Surprisingly, any operator’s plan to protect against accidents at a ‘Seveso installation’ is subject to ministerial approval (only for upper tier installations), while operators are only obligated to provide information on security measures and procedures in case of chemical accident contained in such a plan; this information must be provided to legal persons and public institutions, as well as natural persons possibly aff ected. However, the Law does not require increased participation of the public in the adoption of that plan nor does it stipulate any fi nes or penalties for failure to provide the public with such information.
Th e so-called sectoral laws do not provide access to justice regarding decisions on protection against radiation and nuclear safety, except when a civil lawsuit is fi led in the event of injury (Article 75 of the Law on Protection against Radiation and on Nuclear Safety).
No access to justice is provided under the Law on Non-Ionising Radiation. Th is law declares that the public may access data on non-ionising radiation (Article 3, Principle 3), and recommends informing the population about the health eff ects of non-ionising radiation, protection measures and levels of exposure. However, no
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enforcement measures or penalties are established for failure of competent authorities to carry out these measures.
Access to justice regarding information is allowed under the Law on Chemicals (Article 85, Paragraph 7). Appeals against a respective ministerial decision are not allowed, but a lawsuit may be brought before the Administrative Court. Th e Law on Biocidal Products takes the same approach. Adequate provisions concerning data confi dentiality can be found in both of these laws (Articles 84 and 47, respectively).
Th e Air Protection Law does not provide for public participation in the adoption procedure of a strategy for air protection; nor are there any sanctions for violating or ignoring provisions stipulating obligations of public authorities (Articles 65 and 66). Th is law does not provide access to justice in accordance with the Aarhus Convention.
Th e Law on Nature Protection (LNP) contains several declarations concerning public participation and the public’s right to know; it is fair to say, however, that the law provides no provisions guaranteeing access to justice in accordance with the Aarhus Convention.
Th e provision concerning nature-protection measures is “informing the public on the state of nature, and participation of the public in decision making on nature protection” (Article 7, Paragraph 10) is very important. Another provision, however, obliges local, state and provincial authorities, the Institute for Nature Conservation and other bodies to place data concerning nature protection at public disposal, but only under condition that those data are not classifi ed under any special legislation (Article 115, Paragraph 1).
Th e right of public participation is declared in LNP Article 116 concerning procedures for draft ing legislation, proclamations of protected natural goods, plans for management of protected areas, and plans for exploitation of natural wealth. Th e fact is that public participation in these cases can be managed in accordance with this law only. Article 43 of the LNP provides for public participation in the adoption of protected-area studies with cartographic documentation; this comprises public insight, public presentations and hearings and publicising outcomes. Th ere are no provisions concerning the duty of competent authorities to take public opinion into account, nor to guarantee a review procedure on access to justice.
Th e Law on Protection against Noise contains some insuffi cient provisions granting the ministers competent for environment protection and transport the powers to jointly regulate how strategic noise maps are to be presented to the public (Article 7). Th e minister competent for environmental protection is also empowered to regulate methodology for draft ing action plans to protect against environmental noise (Article 22, Paragraph 2), which must contain the results of public participation in the plan’s draft ing procedure (Article 22, Paragraph 1, Line 9). Th e law contains no access-to-justice provisions in accordance with the Aarhus Convention.
Th e Law on Sustainable Use of Fish Reserves contains no provisions at all relevant to this assessment.
Th e Law on Waste and Law on Packaging and Packaging Waste do not contain provisions guaranteeing access to justice in accordance with the Aarhus Convention.
Th e Water Law does not contain relevant provisions concerning access to information and public participation. Despite a visible attempt to transpose the Water Framework Directive into the legal system of Republic of Serbia, this law makes no use of the recommendations regarding public participation in decision-making process, put forward in the Common Implementation Strategy for the Water Framework Directive. Th is Law does not guarantee access to justice.
Gap analysis shows that the 17 environmental laws adopted in the Republic of Serbia, considered here, typically lack provisions covering certain issues set forth in the Aarhus Convention. In most cases, adequate solutions could be found in other basic regulatory laws adopted prior to Serbia’s ratifi cation of the Aarhus Convention. Th e fact that these provisions seem to be fully satisfactory shows that the Republic of Serbia’s legal tradition was geared already towards Convention compliance, and provides fertile ground for shaping into a satisfactory body of law. Th e current trend of legislative activity also supports this notion.
Th ese existing laws are treated insofar as their provisions are relevant and connected to legal provisions of the environmental laws under discussion.
We turn now to the Law on General Administrative Procedure (Offi cial Gazette of FRY, Nos. 33/97 and 31/01 and Offi cial Gazette of RS, No. 30/10). All laws regulating environmental protection issues in the Republic of Serbia depend on the implementation of the provision of the Law on General Administrative Procedure.
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Elements of special administrative procedures have been established for decision making on EIA, SEA and IPPC permit issuance procedures (Law on IPPC) and the adoption of certain decisions concerning nature protection. Provisions of the Law on General Administrative Procedure shall be applicable for all procedural issues not regulated by regulated by environmental laws.
All state authorities deciding on administrative cases, directly implementing legislation, or deciding on rights, obligations or legal interests of natural or legal persons or other parties, must act in accordance with provisions of the Law on General Administrative Procedure (Article 1). If the peculiarities of an administrative case require a departure from the rules of general administrative procedure in certain sectors (e.g. environmental protection), other laws may establish procedure providing that they are in accordance with the basic procedural principles established by the Law on General Administrative Procedure (Article 3). Several environmental laws (on EIA, SEA, IPPC, nature protection, etc.) lay out special administrative procedures – say, with regard to access to information and public participation – that diverge from general administrative procedure when access to justice is at issue, such as instigating a procedure before the Administrative Court.
Some of the principles on which the Law on General Administrative Procedure is based on – and, consequently, a number of specifi c provisions – may be assumed to be very much in line with Aarhus Convention provisions requiring expeditious and inexpensive procedures established under law for the reconsideration of fi rst-instance decisions prior to their being submitting to a court of law. Th ese principles:
• require the following obligations of competent authorities: to provide parties during the administrative procedure the realisation and protection of rights and interests in the easiest possible way, while at the same time protecting public interest (Principle of Protection of the Rights of Citizens and Protection of Public Interest, Article 6, Paragraph 1); and to provide successful and quality realisation and protection of rights and legal interests of natural and legal persons and other parties (Principle of Effi ciency, Article 7);
• ensure that appeals against fi rst-degree decisions shall always be allowed, except when expressly legally forbidden, in which case the protection of rights and legal interests must be provided by other means (Principle of Second-Instance Decision Making, Article 12, Paragraph 2): only the law may ban a complaint in the administrative procedure (Article 12, Paragraph 2); 13
• require that the procedure be conducted as quickly as possible, and at least possible cost to the parties involved (Principle of Procedural Economy, Article 14); and,
• oblige the competent authority to inform the parties insofar as possible about their legal rights and interests (Principle of Providing Procedural Help to Parties, Article 15).
Th e Law on General Administrative Procedure grants that the procedures concerned pertain to any natural or legal person, as well as groups of persons lacking legal status, providing that they might have legal rights, obligations or legal interests according to the administrative procedure in question (Article 40). Th is provision may be assumed as being in accordance with the Aarhus Convention defi nition of ‘public’, as well as respective defi nitions in several environmental laws. It is worth repeating here that the terms ‘public’ and ‘public concerned’, as they appear in the environmental legislation in the Republic of Serbia are to be interpreted according to the context in which they are used in each law, and not strictly in accordance with the Aarhus Convention defi nitions; there are no proper defi nitions of these terms that are implemented consistently throughout the entire legal system in the Republic of Serbia. Article 70 establishes the right of parties to have access to administrative fi les and copy what is needed at their own expense. Some other relevant provisions can be mentioned here: Article 110 (exemption from paying expenses), Article 196 (regarding the form and content of decisions), Article 196, Paragraphs 2 and 3 (requiring written rationale for any decision), Article 200 (instruction on remedies), Article 236 (appeal in the event of administrative non-response), and Article 264, Paragraph 3 (requiring an ex offi cio ruling for public-interest cases or at the parties’ request).
Th e Law on Free Access to Information of Public Importance (Offi cial Gazette of RS, Nos. 120/04, 54/07, 104/09 and 36/10) establishes a general framework for public authority transparency and guarantees the public’s right to know, which are conditions vital to democratic order and an open society (Article 1, Paragraph 1). Th is Law defi nes ‘Information of public interest’ as “information in possession of a public authority, originating as a result of work or connected to work of a public authority, which is contained in a certain document and relates to everything that the public has a justifi ed interest to know, regardless of the source of information, medium of information (paper, tape, fi lm, etc.), date of origin of information, or any other feature of information” (Article
13 In such cases, several environmental laws provide for the possibility of instigating an Administrative Court procedure.
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2, Paragraph 2). ‘Public authorities’ are “state authorities, authorities of territorial autonomy, local authorities or organisations conferred with public authority” (Article 3). Th e public’s right to know is always justifi ed when information in possession of the public authority: “relates to jeopardy to or protection of human health and the environment” (Article 4). Rights guaranteed under this law apply equally to everybody regardless of citizenship, place or duration of residence or origin, race, religion, national or ethnic determination or sex (Article 6).
Rights guaranteed under this law may be limited if it is deemed necessary to protect democratic society from a serious injury or a prevailing interest that violates the Constitution or other laws of the country (Article 8). If information is to be made available to the public, the public authority shall provide details of the source and medium of information (Article 10). Th e competent authority shall not provide access to information of public interest if the seeker abuses the right to access to information of public interest. Such abuses include: unreasonable requests, repeated requests for previously delivered information and requests for unreasonably large volumes of information (Article 13). Parties seeking information are not required to provide reasons for submitting a request for information (Article 15, Paragraph 4). If the request for information relates to jeopardy to or protection of human health and environment, the public authority possessing the information in question must inform the seeker of the information’s whereabouts and deliver photocopied documents within 48 hours of receiving the request (Article 16, Paragraph 2). If the public authority does not respond, the seeker may submit an appeal to the Commissioner for Information of Public Importance and Personal Data Protection (Article 16, Paragraph 4). All persons shall be exempted from paying for the photocopying of documents when the requested information relates to jeopardy to or protection of human health and the environment.
Th e protection of the right of access to information in accordance with this law comprises the possibility for submitting a complaint to the Commissioner against acts and omissions of public authorities concerning the holding of information of public interest – or instigation of an Administrative Court procedure (Article 22, Paragraph 2), with regard to acts or omissions of high state authorities (e.g. the People’s Assembly, Government, Supreme Court of Cassation, President of the Republic). An ombudsman’s decision may be subject to a lawsuit brought before the Administrative Court (Article 27).
According to this Law, access to justice applies only to cases in which the information in question relates to health and the environment, which is a much narrower scope than is provided in the Aarhus Convention. Actually, the law’s legal defi nition contains a fragment of the Convention’s ‘subparagraph (c)’ on access to justice in the following: “the state of human health and safety, […] inasmuch as they are or may be aff ected by the state of environment or, through those elements, by the factors, activities or measures referred to in subparagraph (b) above).” In any case, the Law would clearly benefi t from a defi nition of ‘environment’.
Furthermore, provisions of the LFAIPI concerning limitations on providing access to information are not nearly as specifi c as those found in Article 4 of the Aarhus Convention. According to the laws of the Republic of Serbia, grounds for limitation exist “if it is necessary for democratic society to avoid serious injury to prevailing interest based on the Constitution or law” (Article 8, Paragraph 1). Th is provision gives public authorities an easy means of arbitrary refusal to grant access to information. It is therefore clear that precise defi nitions in accordance with the Aarhus Convention are needed in order to prevent abuse by public authorities and to guarantee the conditions that will improve public access to justice. An acceptable balance can be achieved only through full transposition of Aarhus Convention Article 4 into the Republic of Serbia’s legal regime. Th is, combined with full transposition of the Aarhus Convention defi nition of ‘environmental information’, will ensure the declared rights of the public that are available to everyone under equal conditions, as established in Article 6 of the existing LFAIPI.
Th e Law on Free Access to Information of Public Importance does provide a good general framework, but Serbia’s environmental laws require provisions that are much more specifi c. Th e right of access to justice, as it pertains to the public and public concerned in sectors regulated under the laws considered in this assessment, if not ensured and protected in accordance with Aarhus Convention provisions, may be realised only through the LFAIPI (Offi cial Gazette of RS, No. 120/04), and only in a limited number of cases. In other words, members of the public shall have the right to address the Commissioner, as well as the power to offi cially request access to desired information. Th e law does not provide direct access to justice for the ‘public’ and ‘public concerned’ in accordance with the Aarhus Convention, but indirectly through the Commissioner; this lies within the general framework for transparency of work of public authorities in the Republic of Serbia.
Th e Republic of Serbia’s court system is established by the Law on Organisation of Courts (Offi cial Gazette of RS, No. 116/08), and provisions related to administrative disputes came into eff ect on January 1, 2010. Article 11, Paragraph 4 of the Law on Courts established the Administrative Court, seated in Belgrade, while three affi liate courts were established in Novi Sad, Kragujevac and Niš. Th e Supreme Court of Cassation of the Republic of
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Serbia presides as the last resort against Administrative Court rulings. Administrative Court decisions must be respected universally (Article 3, Paragraph 4). Th e Court is competent to resolve administrative disputes (Article 29). If a party in an administrative case believes that the Court is wilfully delaying proceedings or violating lawful procedure in any way, a complaint may be submitted to the President of the Court (Article 8), who must consider the evidence provided. If a charge of wrongdoing is deemed valid, the complaint must then pass to the President of an immediately higher instance court – or, depending on the nature of the case – to the Ministry competent for the judiciary or the High Judicial Council of the Republic of Serbia (Article 55, Paragraph 2).
Specifi c court procedural rules for administrative disputes are covered by the Law on Administrative Disputes (Offi cial Gazette of RS, No. 111/09). According to procedure, the court shall, within a reasonable time frame, decide according to legal and factual evidence provided at a verbal, public hearing (Article 2 on the equitability of bringing suit in an administrative dispute). According to the Law on Administrative Disputes (Article 8, Paragraph 1), the Administrative Court resolves an administrative dispute while in the process of requested review of court decisions against the decision of the Administrative Court a fi nal ruling is issued by the Supreme Court of Cassation (Article 9, Paragraph 1). Any person, regardless of legal status, who believes that an administrative act has violated his/her legal rights, may instigate an Administrative Court procedure (Article 11).
Two provisions are concerned with the court’s failure to issue a ruling. If a second-instance competent authority does not decide on an appeal against a fi rst-instance authority’s decision within 60 days (or less, depending on the law), and if the second-instance authority fails to respond within seven days following an appellate request, the appellant may initiate court proceedings on grounds of ‘administrative non-response’ (Article 19, Paragraph 1). Th e other provision applies if a fi rst-instance authority fails, within a time frame determined by law, to issue a decision on a refusal to grant an appeal; if the authority fails to respond within seven days to a request from a party in the dispute, the party is thereby allowed to initiate court proceedings on grounds of “failure to take a decision” (Article 19, Paragraph 2). In such cases, the Administrative Court shall either order the competent authority to take action, or take its own decision based on the nature of the request and the evidence provided (Article 44).
In order to make the court system more accessible, there are a number of ways to bring a case before the Administrative Court (Article 20): in writing, directly, by mail, in electronic form and/or on record before the court. Reasons for instigation of a lawsuit could be inter alia if the law was not or was wrongfully applied in the administrative procedure, if a decision was taken by a non-competent authority, if the administrative procedure was not respected, or if facts in the case are found to be incomplete, inaccurate, misleading or false, or if on the basis of rightly found facts it was decided on the basis of wrong conclusions (Article 24).
At the request of the Administrative Court, all state authorities, authorities of autonomous provinces and units of local self-government, as well as other bodies having public responsibilities, must submit documents in their possession within a time frame determined by the Court, and must ensure the confi dentiality of the requested documents. If the authorities fail to respond to such a request, the Administrative Court shall demand an explanation from the authority in question (Article 31). If the authority fails to respond to this request, the Court shall demand payment of fi ne ranging between RSD 10,000 and RSD 50,000, or even more in specifi c cases (Article 75).
Th e Administrative Court has a wide range of possibilities at its disposal for taking decisions appropriate to diff erent cases (see Articles 42, 43 and 45). Any Administrative Court decision and the reasons upon which it is based on shall be made public (Article 46). Th e Republic of Serbia environmental laws oft en contain provisions to deal with such cases. For example, no appeal is allowed against a fi rst-instance competent authority’s ruling on an EIA study; such a decision is fi nal, and only the initiation of Administrative Court proceedings is allowed (Article 26 of the Law on EIA). Th e Administrative Court shall decide also on the cost of the proceedings (Article 67).
Other laws in the Republic of Serbia, such as Civil Procedure Law, Criminal Code, Law on Execution of Criminal Sanctions and Law on Mediation, may be considered as supporting compliance with Aarhus Convention principles.
Authorities competent to decide on issues and requirements of the Aarhus Convention exist at state, provincial, city and municipal levels. Th e legal frameworks established in the legislation examined in this section (i.e. environmental laws, as well as laws regulating administrative procedures and competences) apply as well to all levels of public authority. Lower-level public authorities have powers of decision making, but only within
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their specifi c legal framework. Th us the singular legal framework should be investigated and assessed only according to the level of public authority.
Finally, adopted legislation needs to be more eff ectively and effi ciently implemented, more closely monitored, and the provisions more strictly enforced.
3.6. Assessment of Institutional Set-up and Stakeholder Participation for Supporting Aarhus Convention Implementation
Key Findings
Existing legislation of the Republic of Serbia defi nes the responsibilities of individual authorities, organisations and bodies that are important for Aarhus Convention implementation. However, there are a number of problems aff ecting performance of duties and the standards of Convention implement, including:
1. Lack of capacity necessary for implementing the Aarhus Convention at all levels, especially at local levels; an ineffi cient institutional structure greatly exacerbates this situation.
2. Lack of cooperation between authorities responsible for carrying out activities, and problems regarding the coordination of activities between certain competent authorities and organisations; this situation is complicated further by overlapping competences that are not clearly defi ned.
3. Insuffi cient training of civil servants and administrative staff members.
4. Lack of technical equipment necessary for proper functioning of competent authorities.
5. Lack of physical capacity at the Offi ce of the Commission for Information of Public Importance.
6. Lack of physical capacity at the Environmental Protection Agency
7. Insuffi cient training of associations regarding the Aarhus Convention.
8. Lack of associations that regularly update their websites.
9. Infrequent use by associations of free content-management-system applications.
10. Lack of activity coordination and information exchange in the sector of associations.
11. Cooperation among the associations is weak and lacks national, European and international recognition; regional and international cooperation eff orts must be strengthened.
Assessment of institutional set-up and stakeholder participation
Article 3 of the Aarhus Convention identifi es general guiding principles for its implementation. According to these guiding principles, public authorities shall assist and guide the public, promote environmental education and awareness, recognise and support environmental associations within a legal context, accept the Convention as a ‘fl oor’ and not a ‘ceiling’, promote Convention principles in the international arena, refrain from harassment of groups or individuals, and strive to not infl uence the powers of national courts to award reasonable costs in judicial proceedings.
Moreover, many other articles of the Aarhus Convention refer to the need for each country to provide the institutional capacity necessary to implement this international agreement.
Th e institutional framework for implementing the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters in the Republic of Serbia is determined by strategic aims in the fi eld of environmental protection and other relevant fi elds of importance concerning the environment, current legislation in the Republic of Serbia and provisions of the Aarhus Convention.
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Th e National Environmental Protection Programme (Offi cial Gazette of RS, No. 12/10), as the basic document concerning environmental protection, contains a general remark anticipating that “institutional capacity in the area of environmental protection is generally insuffi cient, especially at the local level, thus limiting the ability to fully meet all the obligations defi ned by the range of institutional competences. Th is is further complicated by the ineffi cient structure of institutions in charge of environmental protection. Intuitional weaknesses in the domain of policy and environmental management include: frequent institutional changes, failure to fully implement laws; lack of staff -related, fi nancial and other capacities that provide the basis for effi cient operational work in the fi eld of environmental protection; insuffi cient application of mechanisms for establishing institutional links between professional organisations specialising in monitoring (namely, collection, processing and delivery of information on the environment and the Environmental Protection Agency); insuffi cient capacity of the majority of existing institutions, especially related to policy planning and evaluation, economic instruments, funding in the domain of the environment, project preparation and management; lack of specialised educational institutions and special programmes focusing on environmental protection at all levels of the education system.”14
General issues concerning institutional aspects of importance for implementing the Aarhus Convention are regulated by the Law on Ministries (Offi cial Gazette of RS, No. 16/11) and other legislation concerning state administration.
Th e following entities and institutions are responsible for implementing the Aarhus Convention (see Annex 4 for a detailed description of these responsibilities):
• National authorities
• National agencies, institutes and other organisations
• Organs and organisations of the Autonomous Province of Vojvodina
• Independent national organs and independent bodies
• Th e capital city, towns and municipalities
• Public health institutes
• Public companies and other legal entities with public powers and/or majority state ownership
• Public companies, institutions and public services of the Autonomous Province of Vojvodina
• Chambers of commerce
• Scientifi c institutes
• Educational institutions
• Competent and authorised institutions and organisations involved in protection against ionising radiation, monitoring levels of non-ionising radiation in the environment, measuring emissions and immissions, measuring levels of environmental noise, and waste treatment and disposal
• Th e judiciary
• Bar associations
• Regional Aarhus Centres in Kragujevac and Subotica
Competences of the Republic of Serbia
Competences of the Republic of Serbia are defi ned in Article 97 of the Constitution of the Republic of Serbia, the provisions of which refer, among other things, to: exercising and protecting freedoms and rights of citizens;
14 National Environmental Protection Programme, Government of the Republic of Serbia, Belgrade, 2010.
<http://www.ekoplan.gov.rs/src/7-Ostala-dokumenta-127-document.htm>
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constitutionality and legality; proceedings before courts and other state bodies; liabilities and sanctions for violating freedoms and rights of citizens stipulated by the Constitution, and violating laws, other regulations and general acts; pardoning and amnesty for criminal off ences; sustainable development; systems of environmental protection and improvement; and, protection and improvement of fl ora and fauna.
Responsible Republic-Level Institutions
Ministry of Environment, Mining and Spatial Planning
Environmental Protection Agency
Environmental Protection Fund
Agency for Chemicals
Serbian Radiation Protection and Nuclear Safety Agency
Ministry of Agriculture, Trade, Forestry and Water Management, which includes:
Agricultural Inspection Sector;
Veterinary Administration;
Plant Protection Administration;
Forests Administration and
Water Directorate of the Republic of Serbia
Ministry of Health
Institute of Public Health of Serbia “Dr Milan Jovanović Batut”
Ministry of Infrastructure and Energy
Energy Effi ciency Agency
Ministry of Economy and Regional Development
Ministry of Education and Science
Ministry of Justice
Ministry of Culture, Information and Information Society
National Information Technology and Internet Agency
Statistical Offi ce of the Republic of Serbia
Hydro-meteorological Service of the Republic of Serbia
Republic Geodetic Authority
Institute for Nature Conservation of Serbia
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Autonomous Offi ces of the Republic and Independent Bodies
Commissioner for Information of Public Importance and Personal Data Protection
Ombudsman15
Mediator
Competences of the Autonomous Province of Vojvodina
Article 183 of the Constitution stipulates that autonomous provinces shall regulate matters of provincial interest in various fi elds concerning environment and the Aarhus Convention. Competences of the Autonomous Province of Vojvodina are specifi ed in more detail in the Law on Establishing Competences of the Autonomous Province of Vojvodina (Offi cial Gazette of RS, No. 99/09). Several provincial bodies, secretariats placed in charge of diff erent areas, are especially important with regard to Convention implementation.
Local Self-Government16
Article 20 of the Law on Local Self-Government states that municipal bodies shall: provide citizens with legal assistance services in accordance with the law (Article 9 of the Aarhus Convention); ensure that the public receives information of local importance and creates conditions for informing the public in Serbian and languages of ethnic minorities present in the territory or municipality (Article 5 of the Aarhus Convention); prescribe off ences related to violations of municipal regulations; and establish inspection authorities to determine whether regulations and other general pieces of legislation within the jurisdiction of the municipality are being implemented (Article 9 of the Aarhus Convention).17
Towns and the Capital City
Pursuant to Article 24 of the Law on Local Self-Government, a town may undertake aff airs from within the rights and duties of the municipality, as well as other responsibilities and tasks entrusted to it in accordance with the law. As far as institutional capacity is concerned, the key problems related to Convention implementation in the nation’s capital stem from the fact that the Secretariat for Environmental Protection of the City of Belgrade does not have qualifi ed staff to perform the required duties (e.g. carrying out and developing activities to educate and inform the public, citizen awareness raising, developing and maintaining databases and websites, and providing regular information updates). Th ere is also a lack of technical equipment for providing requested information in a timely manner (large documents, for example, are photocopied at another city administration department). Th e Secretariat website is not functioning, and its database is not available online. Staff -related issues and lack of appropriate infrastructure are also major problems in the city of Niš, while the town of Vranje has reported similar problems.
Novi Sad’s Environmental Protection Department maintains that better coordination and information exchange at all levels, especially between all organisations focusing on environmental protection, are necessary in order to improve implementation of Aarhus Convention principles, especially with regard to capacity and solutions specifi ed in existing regulations.
Public Health Institutes
Public health institutes are responsible for monitoring air quality in local urban areas, as well as the quality of surface waters where they fl ow through urban areas.
15 http://www.ombudsman.rs/
16 Pursuant to Article 188 of the Constitution of the Republic of Serbia, municipalities, towns and the City of Belgrade are units of local self-government.
17 A municipal statute may stipulate the appointment of assistants to the mayor in charge of certain areas, such as
economic development, urban planning, primary health care, agriculture, etc. (Article 58).
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Administration Of Justice
Article 11 of the Law on Organisation of Courts (Offi cial Gazette of RS, No. 116/08)18 states that judicial power in the Republic of Serbia is vested in courts of general and special jurisdiction. Courts of general jurisdiction are basic courts, higher courts, appellate courts and the Supreme Court of Cassation. Courts of special jurisdiction are commercial courts, the Commercial Appellate Court, misdemeanour courts, the Higher Misdemeanour Court, and the Administrative Court. Th e Supreme Court of Cassation is the court of highest instance in the Republic of Serbia, while other courts established for the territory of the Republic of Serbia are the Commercial Appellate Court, Higher Misdemeanour Court, and the Administrative Court (Article 13).
Associations
Th e Ministry of Human and Minority Rights, Public Administration and Local Self-Government is the body responsible for regulating the position of associations. Th e Law on Associations contains the legal framework for defi ning the position of associations (Offi cial Gazette of RS, No. 51/09). Th e Register of Associations and Register of Foreign Associations are maintained by the Business Registers Agency.19
Serious problems regarding the institutional capacity of associations include lack of expertise, inadequate technical equipment, lack of websites and databases, and poor coordination of activities. Th ese defi ciencies weaken the power of associations when participating in decision-making processes. Associations’ staff members are seriously undertrained, and very few environmental associations are familiar with the Aarhus Convention.20 Very few organisations have websites or web pages that are regularly updated. Also, associations seldom take advantage of free content-management-system applications. Th ere is a need, and not only for associations, to build a database containing information about associations, legislation, institutions, journalists, the media and the business sector. Environmental associations in the Republic of Serbia are, however, becoming increasingly eff ective (see Subsection B.9.). Other types of associations are also gaining interest in environment-related issues.
Any forthcoming statistics on the number of associations active in the environmental sector (Item 83 in the EC questionnaire) will very much depend on establishing criteria on what it means to be ‘active’ in the environmental sector. Public awareness-raising activities need to be developed further. Th ere is also a strong case to be made for associations receiving state funds (Item 84 of the EC questionnaire). Consumer organisations are still weak and lack adequate resources, and this continues to hamper overall eff ectiveness.
Strengthening associations at all levels and providing them with clear roles will trim the Government workload; this is especially important with the Government deeply involved in the EU accession process. Such developments would enhance Aarhus Convention implementation, and the government could gain accountable partners to provide assistance with the accession process.
Subsection B.9: Associations in the Republic of Croatia and the Republic of Serbia and Establishment of the Aarhus Centres in Kragujevac and Subotica (Republic of Serbia)
Republic of Croatia
GONG <http://www.gong.hr> is a non-partisan citizens’ association that was established in 1997 with the aim of motivating citizens to play a more active role in political processes. GONG conducts non-partisan monitoring of the election process, educates citizens about their rights and duties, encourages mutual communication between citizens and their elected representatives, promotes transparency within the public-service sector, manages public advocacy campaigns, and assists citizens with self-organising initiatives.
Th e GONG website21 contains many studies and guidelines for accessing information, identifying rights and dealing with possible problems. Examples of such documents are: GONG’s annual report on implementation of the Law on the Right of Access to Information, analysis of the offi cial report on the
18 Entered into force on January 1, 2010.
19 Visit <http://www.apr.gov.rs> and the Centre for Non-Profi t Sector Development directory at <http://www.crnps.org.rs/direktorijum-nvo>.
20 This claim is based on the Ekoforum experience and direct contact established during workshops intended for NGO
representatives held in 2009 in nine towns in Serbia, as part of the ‘Zelena info mreža’ (Green Info Network) project.
21 http://www.gong.hr/page.aspx?PageID=69
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same subject, and annual appraisals of access-to-information requirements – a response time frames, for example.
GONG has also gained wider regional recognition, partly through a new project called ‘Enforcement of the Aarhus Convention in the Adriatic Region Countries’, which involves partners from Croatia, Belgium, Bosnia and Herzegovina, Italy and Montenegro. Th e project aims to improve implementation standards of the weakest pillar of the Aarhus Convention, namely, access to justice in the domain of environment, as well as access to information and public participation in decisions regarding environment protection in Croatia, Bosnia and Herzegovina and Montenegro.
Another infl uential Croatian association is Transparency: <http://www.transparency.hr>.
Republic of Serbia
At least two thematic networks have been built in the recent years: the Natura 2000 Resources Centre of Serbia22 and the BELLS Movement.23 Within the Environment Forum24 three associations from Serbia were selected in a transparent process as representative associations for coordinating environmental dialogue related to the EU accession process.
Th e Aarhus Centre in Kragujevac25 was established on April 28, 2010 on the basis of a memorandum of understanding signed by the Ministry of Environment and Spatial Planning and the Town of Kragujevac with the OSCE support. Th e goal of the project is to establish collaboration between citizens and local self-government, thereby enabling democratic processes in the fi eld of environmental protection in accordance with Aarhus Convention principles. Th e project’s target groups are citizens, local authority representatives and media representatives.
On the basis of the Memorandum of Understanding signed by the Ministry of Environment, Mining and Spatial Planning, the Town of Subotica and Subotica Open University, the Aarhus Centre Subotica was established, with the OSCE support, on 4 March 2011. Th e aim of the Centre is to improve access to environmental information, enhance environmental knowledge, provide mechanisms for public participation in decision-making and increase the capacity of diff erent target groups for better implementation of the Aarhus Convention provisions in the Autonomous Province of Vojvodina.
3.7. Assessment of Information System Development and Access to Information
Key Findings
1. Th e Environmental Protection Agency is responsible for establishing and maintaining the National Information System, which should be publicly available online. Although the information system is in the last phase of construction, a great portion of data and analyses are currently available on the web site of the Agency.
2. Th e National network of stations for automatic monitoring of air quality (39 stations) has been established and the real time data are available on the website of the Agency.
3. Standardisation of data and methodologies needs to be improved, and connections with other databases should be established, especially reporting through key international initiatives and mechanisms such as EIONET, SEIS, GMES, INSPIRE and EUROSTAT.
4. Th e National Environmental Pollution Sources Register is generally in line with the PRTR Protocol and E-PRTR Regulation. It has not yet been published on the website of the Agency. Existing legislation establishes that each local government must keep and maintain its own local pollution register.
22 http://ngonatura2000.blogspot.com/ ; http://www.mis.org.rs/
23 http://www.bellsmovement.org ; http://www.ambassadors-env.org
24 http://www.envforum.eu
25 http://www.aarhuskg.rs/
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5. Th e Ministry of Environment, Mining and Spatial Planning and a number of other key institutions maintain an online register of legal and strategic documents relevant for environmental protection. However, these registers are incomplete, not systematised and infrequently updated.
Assessment of development of the environmental information system
Establishment of the National Information System for environmental protection is prescribed by the Law on Environmental Protection (Article 74). Article 78 of the law says: “State authorities, autonomous province authorities, local self-government units and other authorised organisations shall be obliged to inform the public in a regular, timely and objective manner of the status of environment and the results of monitoring emissions and immissions, to issue warnings when pollution may pose a threat to human life and health, and report in compliance with this Law and other regulations. Th e public is entitled to access statutory registers and/or records containing information and data in compliance with this Law.”
Th e institution responsible for development and maintenance of the National Information System is the Environmental Protection Agency, which is also responsible for the Environmental Pollution Sources Register (formerly: Integrated Polluter Cadastre; LEP Article 75 and Article 42 of LEP amended). As defi ned in the Law on Environmental Protection, the National Information System “shall procure formation, classifi cation, maintenance, presentation and distribution for numerical, descriptive and spatial databases on: quality of environmental media, monitoring of the status and protection of the environment, legal, administrative and organisational and strategic measures, scientifi c-technical information about planning measures of prevention and exchange of information with other information systems, etc.” Th e information system should be also connected to other information systems and provide harmonisation of all relevant information and data at both national and international levels.
Th ere is, however, an evident gap between existing legal provisions and current levels of implementation. Th e Environmental Protection Agency has established an information system that currently contains: an Environmental Pollution Sources Register (mostly harmonised with PRTR Protocol) and data on water quality, air quality (real-time data from the system for automatic air and water quality monitoring, data from manual monitoring, pollen monitoring), land use and degradation and soil quality, waste and landfi lls, climate change, biodiversity, data on the trend of economic activities as well as on the environmental fi nancing. Th e biodiversity database contains lists of vertebrate species, butterfl ies and relevant invertebrate species with data concerning levels of endangerment and protection status based on both national and international regulations (Bern Convention, Bonn Convention, CITES). Th ere are also databases on forestry, hunting and fi shing, and protected areas (CDDA). Th ough the information system is in the last phase of construction, a great portion of gathered data and analyses are available on the website of the Agency. Th is includes: a state network for monitoring air quality, real-time data from the system for automatic air-quality monitoring; the Serbian Water Quality Index; a list of priority and priority-hazard substances; weekly bulletin of water quality conditions in the Republic of Serbia; a map of municipal waste landfi lls, and a waste and landfi lls database that includes illegal landfi lls; division of the land in the Republic of Serbia according to the manner of utilization; data on the concentration of pollen in the air. Data on the soil quality, economic activities and environmental fi nancing will soon be available on the website of the Agency.
Th e key measure for facilitating the process of active information dissemination and information-system development is the establishment of effi cient reporting through key international initiatives and mechanisms, such as EIONET, SEIS, GMES, INSPIRE and EUROSTAT. Th e European Environment Information and Observation Network (EIONET), which is maintained by the European Environment Agency, is the EU’s central environmental information system. While the Republic of Serbia has increased data fl ow to EIONET within the basic reporting requirements (from 17% of requested data in 2004 to 75% in 2009), there is room for improving wide-scale reporting through this mechanism. Similarly, the Republic of Serbia has established general communication and participation within the Shared Environmental Information System (SEIS) and Global Monitoring for Environment and Security (GMES) through the Environmental Protection Agency, but no actual reporting mechanisms have been established to date. Th e Statistical Offi ce of the Republic of Serbia is the responsible institution for reporting to EUROSTAT, while reporting through the Infrastructure for Spatial Information in the European Community (INSPIRE) is managed by the Geodetic Authority of the Republic of Serbia that under the Law on State Survey and Cadastre (Offi cial Gazette of RS, Nos. 72/09 and 18/10) is responsible for establishing and maintaining the National Spatial Data Infrastructure (NSDI) in accordance with the INSPIRE Directive. In 2009, the Geodetic Authority of the Republic of Serbia established the NSDI National Geoportal (www.geosrbija.rs) that enables professional users but also general public to access services related to search and review of metadata, sets and spatial data via the Internet. Th e National Agency for Spatial Planning has also established active cooperation through INSPIRE. It is believed that the establishment of an
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adequate and effi cient reporting system to serve these international mechanisms and initiatives will at the same time facilitate the establishment of eff ective information dissemination systems at national level in an effi cient and streamlined manner.
In 2008 and 2009 the Environmental Protection Fund of the Republic of Serbia provided funds to the Environmental Protection Agency for establishing the Information System and National Pollution Sources Register as well as for purchasing necessary equipment. Until the Information System becomes fully operational and available on the website of the Agency, information is available by request and through an annually published report on the state of the environment. Th e Agency as an associate member of the European Environment Agency regularly provides data through the priority data fl ows as well as necessary indicators. Th e submitted data were published in EEA Report SOER 2011, as well as in many other EEA publications and reports. Furthermore, biodiversity-related information will also become available online through the Convention on Biological Diversity’s clearinghouse mechanism web portal.
Th e register of legal and strategic documents relevant to environmental protection is maintained online by the Ministry of Environment, Mining and Spatial Planning. Besides the Ministry, many other institutions, both governmental and non-governmental, have made national environmental legislation available online, such as the Offi ce of the Commissioner for Information of Public Importance and Personal Data Protection, Institute for Nature Conservation of Serbia, Agency for Chemicals and National Assembly. Th e Aarhus Centre in Kragujevac maintains one of the most exhaustive legislation databases.
Subsection B.10: Establishment of the Reporting sSystem in Slovenia (EIONET-SI)
EIONET-SI <http://nfp-si.eionet.europa.eu/> is a platform of various tools and systems that directs users to environment-related information at both national and international levels. It does so through established reporting system components, such as Eurowaternet, Airnet, Wastenet, KOS (an information system of environmental indicators in Slovenia) and a catalogue of metadata.
EIONET-SI aims to respond to questions such as the following:
What kind of environment-related information is available?
What is the state of the environment? And what are the driving forces infl uencing it? Where do we stand in comparison with other countries?
What do we need to report out of the country? To whom, when and how do we report?
How do we off er information to users in transparent and informative ways, and how do we enable access?
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Data control and timely reporting, especially from private enterprises, should be improved. Th e national network of monitoring stations is still largely incomplete and currently covers only a smaller segment of the country. Standardisation of data and methodologies should be also improved, and connections with other databases should be established. Data gaps are still evident for transport, chemicals and noise. Within the information system, the Geographic Information System (GIS) needs to be developed further in order to harmonise diff erent elements within the system, integrate with external systems, and enable easier access to information and data analysis. One of the key measures in this direction would be active involvement within the INSPIRE initiative.
A number of other institutions maintain registers that are relevant to environment protection and Aarhus Convention implementation, such as: a central register of protected areas (Institute for Nature Conservation of Serbia); a register of protected areas in the Autonomous Province of Vojvodina (Institute for Nature Conservation of AP Vojvodina); a register of ‘mobile protected natural objects’ (Natural History Museum of Belgrade); information systems on chemicals (Agency for Chemicals), radioactive substances and waste and nuclear objects (Serbian Radiation Protection and Nuclear Safety Agency); an information system related to food and its producers (Ministry of Agriculture, Trade, Forestry and Water Management); and a catalogue of public authorities concerning the Law on Free Access to Information of Public Importance (Commissioner for Information of Public Importance and Personal Data Protection). Furthermore, the Statistical Offi ce of the Republic of Serbia plans to publish environmental statistics online in the near future.
A national PRTR has been established though the National Environmental Pollution Sources Register and the adoption of the Rulebook on National and Local Pollution Sources Register Development Methodology and Data Collection Types, Manners and Deadlines Methodology, published in the Offi cial Gazette of RS, No. 91/10. According to LEP Article 75, and its subsequent amendment, “a national and local Environmental Pollution Sources Register shall be maintained in accordance with this Law to monitor qualitative and quantitative changes in the environment and measures for the protection of the environment. [...] Th e Minister responsible for environmental aff airs, aft er the received opinion of ministers responsible for water management and energy, shall prescribe methodology for an integrated cadastre of polluters, as well as the type, manner, classifi cation and deadline of data submission. Th e polluter is obliged to submit mandatory data at its own cost in the manner and within timeframes prescribed by this Law.” Th e Environmental Pollution Sources Register has not yet been made available online. Th e PRTR Protocol was ratifi ed on the basis of the Law on Ratifi cation of the Protocol on Pollutant Release and Transfer Registers to the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Offi cial Gazette of RS – International Agreements, No.8/11). (See Annex 6 for a comparative analysis of accordance of selected legal provisions regarding aims, defi nitions, scope and access to information on pollution registers in the AC PRTR Protocol, EU and the legal system in the Republic of Serbia.)
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Autonomous provinces, towns and municipalities are responsible for maintaining their own environmental information dissemination systems and local pollution registers (LEP, Articles 75 and 78). However, relationships, responsibilities and data fl ows between local and national registers are not clearly defi ned. Moreover, many units of local government in Serbia have very weak capacity for internet access, environmental monitoring and informing the public. Th e National Information Technology and Internet Agency is the key institution for improving use of information technologies in governmental institutions, at both national and local levels.
3.8. Assessment of Aarhus Convention Requirements on Genetically Modifi ed Organisms
Key Findings
1. Th e Republic of Serbia has not yet ratifi ed the Aarhus Convention amendment on genetically modifi ed organisms (GMOs). Th e basic elements of GMO policy of the Republic of Serbia can be found in several strategic documents.
2. Existing legislation in the Republic of Serbia regulating the domain of GMOs contains some solutions that partially resemble those incorporated in the Convention’s GMO amendment. On the whole, however, these solutions are not in line with Aarhus provisions, and for a number of reasons, such as: lack of precision in several provisions, absence of norms (especially procedural norms) regulating certain issues concerning public participation in decisions on deliberate release of GMOs into the environment and placement on the market of GMOs and GMO-based products, and non-harmonisation of certain provisions in national legislation.
3. It is necessary to pass a new law that will fully incorporate into national legislation those requirements concerning public participation as stated in the Convention’s GMO amendment.
4. A number of circumstances are important to consider before drawing any fi nal conclusions about the Republic of Serbia’s need and ability to accept those responsibilities set out in the GMO amendment, as they could unduly sway a decision in favour of ratifi cation. For example:
a) Th e GMO amendment to the Aarhus Convention is not specifi cally mentioned in the National Environmental Protection Programme or the Biodiversity Strategy of the Republic of Serbia in connection with the draft Action Plan for the Period 2010–2017 or the National Programme for Integration into the European Union.
b) Th e Biodiversity Strategy of the Republic of Serbia with the draft Action Plan for the Period 2010–2017, in the section on strategic areas, aims and measures for preserving biodiversity, includes in its defi nition of activities in this fi eld: “promoting public participation in decision-making processes on GMO-related issues.”
c) Th e National Programme for Integration into the European Union already incorporates plans to prepare and adopt changes to the Law on Genetically Modifi ed Organisms, as well as to adopt accompanying bylaws with the aim of bringing them in line with corresponding EU regulations.
d) Th e Republic of Serbia is a member of the Aarhus Convention (Offi cial Gazette of RS, International Agreements, No. 38/09), and the Convention’s PRTR Protocol has been ratifi ed (Offi cial Gazette of RS, International Agreements, No. 8/11).
e) Th e Republic of Serbia is a member of the Convention on Biodiversity (Offi cial Gazette of RS, International Agreements, No. 11/01), the Cartagena Protocol (Offi cial Gazette of SaM, International Agreements, No. 16/05) and other relevant international agreements.
f) Th e requirements featured in the GMO amendment to the Aarhus Convention represent minimal standards ensuring the application of basic principles (i.e. only in the part concerning public participation in a fi eld of particular concern to the public.
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g) Compared to existing environmental legislation in the Republic of Serbia regulating public participation in the decision-making process, the GMO amendment requirements break no new ground, neither in terms of legal framework nor practice.
h) Th e current overall process of bringing national regulations in line with EU legislation, which involves aligning GMO-related regulations with corresponding EU legislation, etc..26
Assessment of GMO requirements
Members of the Aarhus Convention adopted Decision II/1 (ECE/MP.PP/2005/2/Add.2) on genetically modifi ed organisms (GMOs) at the Second Meeting of the Parties, held in Almaty, Kazakhstan in 2005, as well as the amendment to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters.27 Th is decision alters Article 6, Paragraph 11 of the Aarhus Convention. Th e amendment introduces a new article (Article 6 bis) establishing rules of public participation when permitting deliberate release of GMOs into the environment and placing them on the market. Th is article also stipulates the obligation that requirements made by Parties should be complementary and mutually supportive to provisions of their national biosafety framework, as well as consistent with objectives of the Cartagena Protocol on Biosafety28 to the Convention on Biological Diversity.
Aarhus Convention Article 6 bis
Each Party shall provide early and eff ective information and public participation prior to making decisions on whether to permit deliberate release into the environment and placing on the market of GMOs.29 Th is entails inclusion of a reasonable time frame in order to give the public an adequate opportunity to express its opinion(s) on such proposed decisions. Th e amendment (Annex I bis) stipulates that a Party may provide certain exceptions to the public-participation procedure concerning deliberate release of a GMO30 into the environment for any purpose other than its placing on the market if such a release under comparable bio-geographical conditions has already been approved, or if suffi cient experience has been gained previously with the release of the GMO in similar or comparable ecosystems. Moreover, a Party may grant an exception to the public-participation procedure when placing a GMO on the market if the product has already been approved within the regulatory framework of the Party concerned, and if it is intended for research purposes or culture collections.
Th e amendment further stipulates that each Party shall make available to the public in an adequate, timely and eff ective manner a summary of the notifi cation introduced to obtain authorisation for deliberate release of a GMO into the environment or for placing a GMO on the market in its territory, as well as an assessment report (where available) in accordance with its national biosafety framework. It is specifi ed that Parties shall in no case consider the following information as confi dential: a general description of the GMO concerned; the name and address of the applicant for the authorisation of deliberate release, intended uses and, if appropriate, location of the release; methods and plans for monitoring GMOs and for emergency response; and results of an environmental risk assessment.
Each Party shall ensure transparency of decision-making procedures and provide public access to relevant procedural information, such as: the nature of possible decisions; the public authority responsible for making the decision; public-participation arrangements; the public authority from which relevant information may be obtained; the public authority to which comments may be submitted and the time frame for transmittal of comments. Furthermore, Parties to the amendment shall provide that, when decisions are taken on whether to permit the deliberate release of GMOs into the environment, due account shall be taken of the public-participation procedural outcome, and the text of the decision must be made publicly available along with reasons and considerations upon which it is based.
26 Potential fi nancial implications of GMO amendment ratifi cation are not examined here in any detail.
27 http://www.unece.org/env/pp/gmoamend.htm
28 For more information, see: <http://bch.cbd.int/protocol/>
29 ‘Contained use’ is beyond the scope of this amendment, although this aspect of GMOs was also discussed. See: Guidelines on Access
to Information, Public Participation and Access to Justice with Respect to Genetically Modifi ed Organisms, submitted by the Secretariat
of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters
through the Ad Hoc Working Group of Senior Offi cials, Background document, MP.PP/2003/3 KIEV.CONF/2003/INF/7.
30 Certain terminological dilemmas in this fi eld are not discussed here; they should be resolved in the context of possible
ratifi cation of the GMO amendment – namely, the aligning of national legislation with EU legislation.
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Status in the Republic of Serbia
1) Th e basic elements of Serbia’s GMO policy can be found in a number of strategic documents. Th e implementation of eff ective measures for controlling the release of GMOs is one of the pre-defi ned short-term aims (until 2014) of national policy in the domain of protecting natural resources, biodiversity and forests,31 as well as of the National Sustainable Development Strategy, in accordance with EU practice.32 Th e Strategy for Agricultural Development in Serbia, adopted in 2005, provides instruments for ensuring appropriate levels of protection and control when handling GMOs, and specifi es that competent institutions must align GMO-related regulations with EU legislation.33 In addition, the draft Biodiversity Strategy of the Republic of Serbia with the Action Plan for the Period 2010–2017 states that there is mounting evidence to suggest that GMOs can present threats to autochthonous biodiversity when deliberately or accidentally released into the environment; these impacts could, in turn, result in further chain reactions and a negative overall impact on conservation and sustainable use of biological diversity.34 Also featured in the same document is Aim 8.3, which concerns the involvement of local residents and communities in planning, decision making and implementation related to biodiversity conservation.
Bodies competent for carrying out GMO-related duties
2) Th e Ministry of Agriculture, Trade, Forestry and Water Management monitors the implementation of legal provisions and relevant regulations via phytosanitary inspectors (Plant Protection Administration) and veterinary border inspectors (Veterinary Administration) (see the chapter on Institutional framework and responsibilities). Th ree laboratories are designated to perform identifi cation and quantifi cation of genetic modifi cation in GMOs and GMO-based products, as required by the Ministry. Th e Expert Council for Biological Safety, consisting of a team of experts from a number of fi elds, was established with the aim of providing expert assistance when considering applications for working with GMOs.35 A national database containing information on modern biotechnology is being set up as part of the biodiversity clearinghouse mechanism, thereby facilitating the exchange of biological safety-related information.
Basic legislation
3) Th e basic relevant legislation in the Republic of Serbia is the Law on Genetically Modifi ed Organisms (Offi cial Gazette of RS, No. 41/09). In accordance with Article 51, the adoption of new bylaws based on the Law on Genetically Modifi ed Organisms (Offi cial Gazette of FRY, No. 21/01 and Offi cial Gazette of RS, No. 101/05) shall apply “unless they are contrary to this Law”. Th e following four rulebooks were adopted on the basis of this law: Rulebook on Commercial Release of Deliberate Release of GMO and GMO Products, Rulebook on Contained Use of Genetically Modifi ed Organisms, Rulebook on Deliberate Release of GMO and GMO products into the Environment and Rulebook on Regulation on Content and Data of the Register of GMOs and GMO-derived Products. Moreover, the Food Safety Law (Offi cial Gazette of RS, No. 41/09) features certain provisions of importance for GMOs. Similar provisions can be found in a number of other regulations relevant in a broader sense to the GMO domain.
3. a) Law on Genetically Modifi ed Organisms
Th e Law on Genetically Modifi ed Organisms specifi es the procedure for issuing approvals for GMO use in closed systems and for deliberate release of GMOs and GMO-derived products into the environment (Article 1). Article 2 of the law specifi es that trade in GMOs or products containing GMOs, or their cultivation for commercial use, is prohibited in the territory of the Republic of Serbia.36
31 National Environmental Protection Programme, Government of the Republic of Serbia, Belgrade, 2010, p.
93. <http://www.ekoplan.gov.rs/src/7-Ostala-dokumenta-127-document.htm>
32 National Sustainable Development Strategy, Government of the Republic of Serbia, Belgrade, p. 83. <http://www.odrzivi-razvoj.gov.rs/assets/
download/Nacionalna-strategija-odrzivog-razvoja-Republike-Srbije.pdf>. Offi cial Gazette of the Republic of Serbia, No. 57/08.
33 It should be added that UNEP–GEF carried out the ‘Development of National Biosafety Framework for Serbia
and Montenegro” project in 2006 <www.unep.org/biosafety/fi les/YUNBFrep.pdf>.
34 Draft Biodiversity Strategy of the Republic of Serbia with the Action Plan for the Period 2010-2017, Ministry
of Environment, Mining and Spatial Planning, Belgrade, October 2010, p. 54.
35 Amended National Programme for Integration of the Republic of Serbia into the European Union, Government of the Republic
of Serbia, Belgrade, 2009, p. 591. <http://www.seio.gov.rs/upload/documents/NPI/Revidirani_NPI_2009.pdf>
36 Agricultural products of non-animal origin are not considered GMOs if they contain up to 0.9% of genetically modifi ed organisms
and impurities of genetically modifi ed organisms. Seed and reproductive material are not considered GMOs if they contain up to
0.1% of genetically modifi ed organisms and impurities originating from genetically modifi ed organisms (Article 3).
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3. b) Law on Ratifi cation of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, with annexes
Th e Republic of Serbia ratifi ed the Cartagena Protocol on Biosafety in 2005 (Offi cial Gazette of SaM, International Agreements, No. 16/05). Th e protocol applies to transboundary movement, transit, handling and use of all living modifi ed organisms that can have adverse eff ects on conservation and sustainable use of biological diversity, taking also into account risks to human health (Article 4).37
3. c) Food Safety Law
Article 63 of the Food Safety Law (Offi cial Gazette of RS, No. 41/09) contains a provision that the business operator concerned shall submit in writing any data specifi ed by law to the recipient of genetically modifi ed food or feed upon placing on the market genetically modifi ed food and genetically modifi ed feed, including the product(s) in bulk quantities.
3.9. Education and Awareness of Rights of Access to Information, Participation in Decision Making, and Access to Justice in Environmental Matters
Key Findings
If the provisions of Article 3, Item 3 of the Aarhus Convention are interpreted to mean that the state has a double obligation to
(a) promote environmental education and environmental awareness among the general public and
(b) to promote environmental education and citizen awareness of access to information, participation in decision-making and obtaining access to justice in environmental matters, the following conclusions may be drawn:
1. Th e obligation to promote environmental education and awareness among the general public has already been incorporated into important national legislation as one of the duties of competent authorities and other actors.
2. Concerning the latter obligation, it may be assumed that the legislation analysed here contains no concrete solutions applicable to the stated requirements. Given the context and lack of clarity of the general obligation of competent bodies specifi ed in Aarhus Item 1, it is diffi cult for competent authorities to fulfi l this obligation. Th is must not be overlooked, as certain actors have recently taken concrete measures to create preconditions necessary for improving awareness of specifi c rights and obligations regarding all three pillars of the Convention.
Assessment of education to support to Aarhus Convention aims
Th e need for environmental education and awareness about the Aarhus Convention is stipulated in Article 3 of the Convention.
Th e Republic of Serbia’s National Programme for Environmental Protection opens with the statement that “previous surveys and everyday practice indicate that the level of public awareness of the need for environmental protection and application of environmental standards in the Republic of Serbia is unsatisfactory.”38 Consequently, one of the seven general aims of Serbia’s environmental protection policy is “improvement of both formal and informal education about environmental protection and energy effi ciency, which should be based on the National Strategy of Environmental Education.” Th e Aarhus Convention is mentioned explicitly in the context of aims related to raising the level of awareness through better dissemination of information,
37 A total of 160 parties signed the protocol, among which is the European Union. <http://bch.cbd.int/protocol/parties/>
38 National Programme for Environmental Protection, Government of the Republic of Serbia, Belgrade, 2010, p. 147.
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communication with the public, and development of a mechanism for public participation in environmental decision making, in accordance with the Aarhus Convention.
Th e UNECE Strategy for Education for Sustainable Development has been translated into Serbian, but further implementation remains to be done (EPR 2007).39
It is noteworthy that the National Programme for integration into the European Union (NTI), in the section focusing on environment, does not specify any planned activities aimed at enhancing public awareness or education about environmental protection as directed by the Aarhus Convention.40 However, in a number of other important fi elds that the Convention regulates, public awareness and education are highlighted in several ways, such as strengthening the capacity of consumer protection associations, traffi c safety, gender equality and combating corruption. Meanwhile, the section of the 2010 Report on the Progress of Serbia in the European Integration Process dedicated to environment gives no special emphasis to developing public awareness, especially concerning activities related to environmental education; this pertains both to previous activities and those to be implemented in the forthcoming period.41
Th e formal education system in the Republic of Serbia is now being reformed. Elements of environmental education and sustainable development (ESD) have been incorporated into various subjects at primary and secondary schools, though environmental awareness among Serbia’s general population remains low.
Subsection B.11: Environment Education Opportunities in Serbia
More than 20 faculties have set up departments or study groups for teaching environmental issues at graduate and postgraduate levels. To improve their knowledge and background, teachers can choose from 190 accredited training programmes, 21 in ecology and 19 in biology.
Source: EPR II
Education in the legislation of the Republic of Serbia and Aarhus Convention obligations
Th e regulations currently in force in the Republic of Serbia related to criteria defi ned in Article 3 of the Aarhus Convention are classifi ed here in several groups: state administration regulations, environmental legislation, signifi cant environmental regulations, education legislation, and regulations that do not contain provisions on education.
1. Th e Law on Civil Servants (Offi cial Gazette of RS, Nos. 79/05, 81/05, 83/05, 64/07, 67/07, 116/08 and 104/09) stipulates in a very general way that only a “civil servant shall have the right and obligation to improve professionally in accordance with the needs of state authority. Funds for training shall be provided in the budget of the Republic of Serbia” (Article 96).42
Th e Law on State Administration (Offi cial Gazette of RS, Nos. 79/05, 101/07 and 95/10) and Law on General Administrative Procedure (Offi cial Gazette of the FRY, Nos. 33/97, 31/01 and Offi cial Gazette of RS, No. 30/10) do not contain provisions on the environment and public awareness. However, the Law on General Administrative Procedure features provisions related to, among other things, the principle of providing assistance to parties (Article 15).
2. Serbia’s environmental legislation adopts several approaches to promoting public awareness and education about the environment, detailed below:
39 Environment Performance Review, 2007, p. 45 in the Serbian version, p. 42 in the English version.
40 This does not apply to the section related to previous activities of the Commissioner for Information of Public Importance and Personal Data Protection,
the establishment of the working group for research, development and education in the fi eld of geo-information, the application of regulations on
chemicals and biocidal products and strengthening the capacity of the Chemicals Agency, competent inspection bodies, chemical industry, educational,
scientifi c and research institutions related to implementation of the REACH regulation and chemical risk assessment. Amended National Programme for
Integration of the Republic of Serbia into the European Union, Government of the Republic of Serbia, Belgrade, 2009, pp. 490, 573, 595 and 596.
41 2010 Report on the Progress of Serbia in the European Integration Process, Brussels, SEC 2010 (1330), November 9, 2010, pp. 39-40. It should be kept in mind,
however, that the importance of public awareness and education is stated in a number of other places (respect for human rights, p. 11; consumer protection, p. 28;
marking and registering animals, p. 38) and a general conclusion has been drawn that a “certain level of progress has been achieved” in the fi eld of education (p. 35).
42 Ever year the government adopts the General Professional Training Programe intended for civil servants working in state
administration and government bodies proposed by the HR Department. The programme of special professional training for civil
servants in state administration is approved by the line manager every year depending on particular state needs.
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a) Article 6 of the Law on Environmental Protection stipulates the obligation of state authorities, scientifi c-, educational-, information- and cultural institutions, as well as other members of society to encourage, direct and ensure better awareness concerning the importance of environmental protection. Raising awareness about the importance of environmental protection is provided through the education system, scientifi c research and technological development, and informing the public about and popularising environmental protection eff orts. Th e Law on Environmental Protection includes measures aimed at stimulating the development of educational programmes focusing on environmental protection; namely, it announces the possibility of awarding “honours and prizes for contributing to the protection of the environment” (Article 55).43 Th e section of the law related to action plans says that an “action plan details the regulatory and institutional activities, monitoring-related activities, studies, the drawing up of project documentation, economic and fi nancial instruments, dissemination of information, education, management and capital investment.” Moreover, an action plan is defi ned as a “short-term instrument for implementation of the National Programme.”
b) Article 17 of the Law on the Environmental Protection Fund (Offi cial Gazette of RS, No. 72/09) specifi es that fi nancial resources provided from the Environmental Protection Fund are to be used especially for encouraging the drawing up of education-, research- and development-oriented studies, programmes, projects and other demonstration activities such as funding programmes for environmental education and developing public awareness about environmental protection and sustainable development.
c) Article 117 of the Law on Nature Protection (Offi cial Gazette of RS, No. 36/09) stipulates that the ministry responsible for education must ensure conditions for improving the quality of education about environmental protection. Ministries, competent authorities of autonomous provinces, and institutes and legal persons with public powers are obliged to inform the public about natural resources, nature conservation, threats to the environment and factors and consequences of threats to the environment. Article 7 of the Law, pertaining to Nature Conservation Measures, states that nature conservation is carried out especially through “encouraging and promoting nature conservation, and raising awareness about the need to protect the environment throughout the educational process” (Item 11). In Article 29, the defi nition of the term ‘special nature reserve’ is formulated by taking into account how a protected area is used, which may include scientifi c, research and educational purposes. Similar provisions on national parks are incorporated in Article 30, while Article 32 focuses on protected habitats.
d) According to Article 51 of the Law on Air Protection (Offi cial Gazette of RS, No. 36/09), legal persons and entrepreneurs specialising in the production of goods and equipment that contain substances harmful to the ozone layer must provide their staff with training that is in line with the professional training programme laid down by the ministry in collaboration with the ministry responsible for education and professional organisations.
e) Article 40 of the Law on Waters (Offi cial Gazette of RS, No. 30/10) specifi es that the water-management measures programme to be applied in water areas (Article 27) may feature other measures aimed at professional activities, scientifi c research on waters, educating the public, etc. Th e same law stipulates that activities of the National Water Conference shall include educating the public about important water protection issues and the need to reduce water consumption (Article 143).
f) Article 6 of the Law on Forests (Offi cial Gazette of RS, No. 30/10) states that forests have multiple-use and economic functions.
g) Th e Law on Protection and Sustainable Use of the Fish Stock (Offi cial Gazette of RS, No. 36/09) defi nes fi shing organisations as “citizens’ associations for recreational or game fi shing, popularising fi shing, educating fi shermen, as well as organising and registering them.”
3. Some important environmental regulations also incorporate provisions of signifi cance for promoting environmental education and environmental public awareness-raising, such as the following:
a) Article 57 of the Law on Consumer Protection (Offi cial Gazette of RS, No. 79/05) states that consumers have the right to acquire knowledge about their rights and obligations, and how to exercise those rights necessary for making correct, safe choices regarding the purchase and use of products and services. Th e right to consumer education is exercised in educational institutions (pre-school institutions, schools and university faculties), consumer associations, and through the organising of special courses, seminars and conferences in accordance
43 This is in addition to several other reasons related to development- and research-oriented projects in the fi eld of environmental protection, such as:
contribution of an individual to the development and improvement of environmental protection or contribution to international co-operation, as
well as the contribution of professional and other organisations and NGOs to developing and improving protection of the environment, contribution
in the domain of nature conservation, prevention of environmental pollution, and best environmental solutions in the production process.
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with programmes developed by a competent body and transmitted via the media (radio, newspapers, television, etc.).
b) Article 32, Item 12 of the Law on Data Secrecy (Offi cial Gazette of RS, No. 104/09) specifi es that general measures for protecting secret data include, among other things, “determining special educational and training programmes for the protection of domestic and foreign secret data.”
c) According to Article 5 of the Law on Scientifi c Research Activities (Offi cial Gazette of RS, No. 110/05), scientifi c research activities are based on a number of principles, including: scientifi c research ethics, connection with higher-education systems, international scientifi c and technological cooperation, and concern for sustainable development and environmental protection.
4. Th e Law on Fundamentals of the Education System (Offi cial Gazette of RS, No. 72/09) contains a general provision on the objectives of education, among which are sustainable development awareness-raising, protection and preservation of nature and the environment, ecology-related ethics and the importance of animal protection (Article 4, Item 11).44 Th e obligation stated in Article 112 should be interpreted in a similar manner: the article stipulates that students must be vigilant about protecting the environment and act in an environmentally ethical way. Obligations related to improving environmental education are incorporated into bylaws regulating diff erent levels of education.
As an educational subject, environmental protection is part of Serbia’s secondary school curriculum. Environmental issues are included in a number of ways in the general education curriculum (e.g. chemistry, physics, biology, geography) and presented for a number of professional orientations. Grammar schools are among those institutions off ering general education; environmental protection is not featured as a separate subject in grammar schools, although environmental issues are incorporated into the science curriculum.
At university level, environmental protection is studied at fi ve universities founded by the Republic of Serbia (Belgrade, Niš, Novi Sad, Kragujevac and Priština (the seat of the latter is currently in Kosovska Mitrovica). More than 20 university faculties now have departments, chairs or courses focusing on environment, both at undergraduate and graduate levels.
Subsection B.12: Educational Good Practice: Swedish Portal Provides the Latest Environmental Knowledge
Th e Planet Infact <www.forskning.se/theplanet> (Sweden)
Th is website aims to enhance public awareness about the planet. It contains hundreds of animations, games, educational stories and interactive videos based on the latest environmental research.
5. Th e Law on Free Access to Information of Public Importance, Law on Environmental Impact Assessment, Law on Integrated Environmental Pollution Prevention and Control, and Law on Strategic Environmental Impact Assessment do not contain special provisions concerning the promotion of environmental education and public awareness.
Th e Law on the Judicial Academy (Offi cial Gazette of RS, No. 104/09), Law on Judges (Offi cial Gazette of RS, No.116/08), Law on Bar Examination (Offi cial Gazette of RS, No. 16/97); Law on Public Prosecution (Offi cial Gazette of RS, Nos. 63/01, 42/02, 39/03, 44/04, 61/05, 46/06, 106/06 and 116/08); Law on the Public Prosecutor’s Offi ce (Offi cial Gazette of RS, No. 43/91) and Law on Mediation (Offi cial Gazette of RS, No. 18/05) do not contain special provisions on environmental education.
Th e Law on Court-Appointed Experts (Offi cial Gazette of RS, No.45/10) does not contain special provisions on education, except Article 6, which refers to mandatory higher-education qualifi cations for court-appointed experts.
Th e Law on Free Access to Information of Public Importance does not feature separate provisions for promoting environmental education and public awareness. It does, however, contain provisions (Articles
44 A number of strategic documents adopted by the competent authorities of the Republic of Serbia contain provisions
outlining the attitude towards environmental education; namely, the National Sustainable Development Strategy, National
Programme for Integration into the European Union, National Youth Strategy, and Strategy for Adult Education.
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37–44) related to “measures to improve the transparency of public authority operations”. Among other powers, the commissioner may take “necessary measures to train employees of government bodies and to advise them on their duties regarding the rights to access information of public importance, with a view to ensuring eff ective implementation of this law” (Article 35, Paragraph 1, Item 4).45
3.10. Summary of the Strategy of the Republic of Serbia for Full Implementation of the Aarhus Convention
Built on the aforementioned principles, the Strategy frames activities in such a way as to build on existing domestic achievements. Th e most important basis for implementation is general awareness and education, which is why the plan fi rst considers the need to build basic partnerships and awareness of objectives and rights of the Aarhus convention. Th e next step would be to build a legislative basis based on the most urgent priorities, and to understand the relationship of activities to the EU accession process – all of which should be monitored.
1. Establish a basic practical system for involving the public and other stakeholders, and for informing them about their rights. Th is is easy to implement, and eff orts can begin immediately following adoption of the Strategy.
i. Establish and maintain Aarhus Convention websites; these should include explanations, forms, instructions and guidelines for access to rights under the Convention.
• Immediately aft er adoption
• General actions:46 1, 2 and 13
• Actions on access to information: 25, 26 and 27
• Actions on public participation: 22, 41 and 44
• Actions on access to justice: 13 and 15
ii. Conduct campaigns targeting diff erent stakeholders to promote access to information, participation and access to justice as an easy, inexpensive and accessible right for everyone. Activities should be included in the plans of all stakeholders and at all levels (see preliminary list in subsection 3.5).
• Immediately aft er adoption; eff orts are to be on-going
• General actions: 12 and 13
• Actions on access to information: 25 and 43
• Actions on public participation: 36, 37 and 42
• Actions on access to justice: 10 and 14
iii. Conduct conferences for all stakeholders to report on eff ectiveness of implementation, major obstacles and good practices. Conferences should be organised in cooperation with the Ministry of Environment, Mining and Spatial Planning and associations.
• Immediately aft er adoption; to continue on an annual basis
• General actions: 1, 12 and inter alia
• Actions on access to information: 11 and inter alia
• Actions on public participation: 9, 30 and inter alia
• Actions on access to justice: 10, 12 and inter alia
45 A manual for implementation of the Law on Free Access to Information of Public Importance has been published. See: <http://
www.poverenik.org.rs/images/stories/dokumentacija-nova/vodic/prirucnikzaprimenuzakonacir.pdf>
46 Numbers refer to activities in the Action Plan
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iv. Design and implement training programmes targeting all stakeholders at diff erent administrative levels (children, students, teachers, civil servants, judges, politicians, etc.). Th ese should be designed and coordinated by the Ministry of Environment, Mining and Spatial Planning and Ministry of Education and Science in close cooperation with associations.
• Programme establishment in 2011–2012; implementation to be on-going
• General actions: 8
• Actions on access to information: 9, 10, 11 and 38
• Actions on public participation: 31, 32 and 40
• Actions on access to justice: 14
2. Establish basic coherent legislative conditions for implementing the Aarhus Convention.
i. Ensure access to information, public participation and access to justice in all relevant laws and sub-laws in ways that can be harmonised with the Aarhus Convention and implemented accordingly (starting with defi nitions of key environmental terminology).
• 2012 onwards
ii. Conduct analysis in accordance with the EU acquis and other related conventions
• Immediately aft er adoption; preliminary analysis and on-going implementation
For i. and ii.:
• General actions: 7 and 13
• Actions on access to information: 1, 2 and 7
• Actions on public participation: 8 and 18
• Actions on access to justice: 1–4
3. Enhance and accelerate all activities related to building information systems and data fl ows to establish bases for the EU accession process and implementation of environmental objectives.
i. Establish a metadata register of information providers, contact points, information databases and conditions for accessing information.
• Immediately aft er adoption; project design
• General actions: 13
• Actions on access to information: 15
ii. Start with an EIONET-based reporting system that can provide the most eff ective outcome; this will streamline domestic reporting, avoid unnecessary repetition, and provide basic standards and methodological guidelines for building a national reporting system involving data fl ows, databases, core monitoring, etc. Th is system will prioritise EU guidelines and activities, and will enable streamlining of national activities and harmonising of reporting standards (it will also connect to SEIS, EEA-EIONET, EUROSTAT, GMES, INSPIRE, etc.).
• Immediately aft er adoption; project design; yearly implementation starting with priority areas (e.g. EEA data fl ows)
• General actions: 13
• Actions on access to information: 6, 15, 17 and 18
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• Actions on access to justice: 1
4. Establish rationale and coherence with the EU accession process.
• Immediately aft er adoption; continue with on-going analysis
• General actions: 7
• Actions on access to information: 16, 17 and 20
• Actions on public participation: 6, 14, 15 and 23
5. Establish a process for ratifying international agreements linked to Aarhus Convention requirements (PRTR Protocol and amendment, etc.).
• Immediately aft er adoption; begin with analysis (on-going)
• Actions General: 10, 11 and 13
6. Establish a system for monitoring Strategy implementation.
• Immediately aft er adoption (on-going)
• General actions: 3, 4, 6, 7, 8 and all success indicators for all three fi elds
• Actions on public participation: 9, 30 and 45
• Actions on access to justice: 10 and 12
Th ere are a number of other activities fi tting these categories that are not detailed here due to their longer-term nature.
3.10.1. Access to information: summary of needs
In order to establish effi cient public access to environmental information in the Republic of Serbia, a wide range of necessary measures needs to be implemented, such as the following.
1) Measures related to legislative and procedural harmonisation. It will be necessary to ensure harmonisation between national legislation and Aarhus Convention provisions, as well as all relevant national legal documents. It is necessary in this sense to consider amendments or bylaws to the Environmental Protection Law, Law on Free Access to Information of Public Importance, Law on Environmental Impact Assessment, Law on Strategic Impact Assessment on the Environment, Law on Integrated Pollution Prevention and Control, Law on Sustainable Use of Fish Resources, Law on Protection Against Ionising Radiation and on Nuclear Safety, Water Law, Law on Administrative Procedures, and all other relevant legal documents that do or would provide, among other things: a clearly defi ned right of free access to information in all relevant environmental legal documents; a clear defi nition of ‘environmental information’; clearer defi nitions of criteria for exemptions from the right of access to information, and the omission of all ambiguous stipulations regarding these criteria; harmonisation of time frames for providing information or refusal of a request for information disclosure; omission of stipulations requiring proven interest when making a request for information disclosure; inclusion of specifi c penalty provisions in all relevant legal documents for impairment of the right of free access to environmental information; ensuring dissemination of environment-related product information to consumers, including clearly defi ned measures and criteria; clear and precise record keeping, monitoring and reporting systems for operators, and especially procedures and time limits for ensuring adequate fl ow of information to public authorities and the general public.
2) Measures related to institutional arrangements and responsibilities from state to local level, as well as institutional performance, capacity building and training. Th e fi rst step should be the establishment of a network or council of all key institutions and stakeholders at national level, which would: facilitate implementation of the right of free access to information and information dissemination; act as a national advisory body and communication and information-exchange platform; and facilitate implementation of related provisions within the Strategy. Th e possibility of adjusting the status of the Environmental Protection Agency in accordance with
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the EU integration process will also have to be assessed. Moreover, it will be necessary to conduct gap analyses within all relevant institutions, such as the Environmental Protection Agency, Ministry of Environment, Mining and Spatial Planning, Commissioner for Information of Public Importance and Personal Data Protection, and local government units; this would assist the capacity building eff orts of these institutions. Clear points of contact and responsible persons for dealing with the public’s right to free access to information and information dissemination within each public authority will have to be identifi ed, and a network of responsible persons to facilitate easier information fl ow will have to be established. Th e Serbian Aarhus Centre in Kragujevac and other similar examples of good practice have proved to be eff ective for local-level dissemination of environmental information, so the establishment of such local centres should be encouraged and continued. Th e effi ciency of local- and national-level inspectorates to impose control mechanisms for access to information and information dissemination performance must be improved. An effi cient alerting system for disseminating information on imminent threats to human health or the environment will have to be established, mainly through defi ned danger thresholds and the establishment of a clear set of procedures, time frames, means of communication, responsible institutions and persons for monitoring and information dissemination, and the establishment of an external control mechanism to ensure proper functioning of the alert system and objectivity of the data provided. Furthermore, it will also be necessary to establish an effi cient system of environmental monitoring, data maintenance and information dissemination from managers of protected areas to local communities and the general public, which will make an eff ective contribution to the public’s right of free access to information. Th e control of products on the market and product information disclosure should be also improved.
3) Measures related to the establishment of an effi cient information system, PRTR and publications. Th e fi rst step should be to establish a national metadata register containing detailed information on: types and scope of documentation, collected and maintained data, institutions responsible for holding information, links to documents and data available online, and points of contact and procedures for requests for data that is unavailable online. Associations and other entities have a deep need for databases containing information about associations, legislation, experts, institutions, journalists, the media and the business sector.
One key activity will be to further develop the National Environmental Information System and national Environmental Pollution Sources Register (EPSR) within the Environmental Protection Agency, and to provide full online access to the National Information System and national EPSR. Also important is to establish the national EPSR in concordance with the PRTR and E-PRTR protocols. National Information System and national EPSR functionality should be improved, mainly by boosting capacity within the Environmental Protection Agency to ensure more effi cient database input; this will provide a more eff ective data validation system and encourage the application of GIS-based technologies within the National Information System, thereby enhancing harmonisation of diff erent elements within the system and their integration with external systems; this will also enable easier access to information and data analysis and strengthen links with other national and international databases (e.g. EIONET, SEIS, GMES, EUROSTAT and INSPIRE). It is also important to establish effi cient reporting and data fl ow through these international mechanisms and initiatives.
Furthermore, data fl ow to Environment Protection Agency of the Republic of Serbia and other responsible public authorities should be improved, as well as the national research and monitoring system. As defi ned by national legislation (LEP amendment), local EPSRs should be established and improved within all local government units, but their relationship and harmonisation with the national EPSR should be clearly defi ned. It will also be necessary to improve data maintenance, information dissemination and reporting within all local government units, and to improve active environmental information dissemination to the public from private and public enterprises. Th ere should be increased access to all relevant documents published online, such as national environmental legislation, relevant strategic documents, plans, programmes, agreements, all international treaties, conventions, agreements and other relevant international documents (including relevant EU legislation), all reports and information on the dealings of public authorities with the environment, and any signifi cant details concerning the framing of major environmental policy proposals. All databases with relevant documents should be systematically designed and presented, regularly updated, user-friendly, and contain adequate references for validating data. It should be ensured that the Environmental Protection Agency regularly publishes a National Environmental Report, and that public authorities publish directories on a regular basis containing key details about their operations. It must be possible to validate and verify the information published in these environmental reports.
4) Measures related to awareness-raising. Awareness-raising programmes and activities regarding provisions of the Aarhus Convention and the Law on Free Access to Information of Public Importance should be carried out for the general public and public authorities. Public awareness of the right to free access to information and procedures for obtaining information should also be improved; public awareness should also be raised about national eco-labelling, organic food-labelling frameworks, eco-auditing and certifi cation systems.
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5) Measures related to policy settings and better practices. It will be an important step to adopt action plans to specify concrete activities aimed at stimulating active public participation to solve everyday environmental problems. Th is may involve creating websites for Serbian towns and municipalities in Serbia, ‘green chairs’ in local assemblies and similar activities to make citizens more aware of their role in environmental preservation and protection.
Th e key institutions for implementing the described measures are the Ministry of Environment, Mining and Spatial Planning, Environmental Protection Agency, Commissioner for Information of Public Importance and Personal Data Protection, and local government units. Effi cient implementation will require active involvement with a wide range of stakeholders such as the Ministry of Agriculture, Trade, Forestry and Water Management, Ministry of Human and Minority Rights, Public Administration and Local Self-Government, Ministry of Science and Technological Development, Ministry of Culture, Information and Information Society, Ministry of Health, Ministry of Defence, Ministry of Finances, Environmental Protection Fund, Institute for Nature Conservation of Serbia, Statistical Offi ce of the Republic of Serbia, Republic Hydrometeorological Service of Serbia, National Information Technology and Internet Agency, Agency for Chemicals, Institute for Standardisation of Serbia, Accreditation Board of Serbia, Serbian Radiation Protection and Nuclear Safety Agency, National Assembly of the Republic of Serbia, and Standing Conference of Towns and Municipalities, in addition to scientifi c research and monitoring institutions, managers of protected areas, environmental associations and the media.
3.10.2. Public participation and stakeholder awareness-raising
A wide range of measures need to be implemented in order to achieve eff ective public participation, such as the following:
1) Good legal framework and developed procedures and tools. It will be necessary to develop and support: a Strategic National Action Plan of Associations for Implementing the Aarhus Convention; a framework and procedures for adequate implementation of public participation in national and transboundary contexts; monitoring mechanisms; dialogue and communication between the public and decision makers; dialogue instruments such as joint delegations, teams and hearings; harmonisation of legal requirements; harmonisation of relevant EU Accession and MEA implementation practices, performance and quality standards of public participation; cooperation of associations with neighbouring and regional countries; eff ective implementation and monitoring of adopted legislation; involving civil society in consultations; decision makers recognising the role and infl uence of associations; inter-sectoral and inter-level cooperation; proper budgeting to support public participation, transparency and citizen-oriented, environment-related administrative practice; mechanisms for informing the public about decisions reached; upgraded legal bases and procedures (as well as determining proper competent authorities) for SEA strategy implementation, as well as for action plans on energy, transport, agriculture, forestry, hunting, industry, waste management, water management, telecommunications, tourism, natural habitats and wild fl ora and fauna protection; public participation in addressing climate change and its eff ects; facilitation of public participation and developing adequate responses; tools for public participation in the preparation of laws and regulation; establishing criteria for defi ning representative ‘associations’ active in the environment sector; determining an institutional contact route-matrix for public participation at national, provincial, city and municipal levels for EIA and IPPC, transboundary EIA and IPPC decision making; preparing a bylaw on procedure to be strictly followed through public participation in EIA and IPPC; developing, via bylaws, guidelines providing contact institutions and persons, including criteria and standards for representative environmental associations involved in EIA processes at various levels; identifying core representative associations with capacities and skills for EIA public participation; mapping representative associations at diff erent levels; preparing an active-association directory; allocating national, provincial, city and municipal budget funds for minimum three-year support for core representative associations (as determined by previously developed criteria) in order to assure public participation in EIA; environmental education; presence of associations at main Aarhus Convention conferences and related international meetings, as well as inclusion in offi cial delegations; cooperation of national associations with those from neighbouring countries in order to generate capacity and power for public participation within regional projects, plans and activities; instruments for eff ective implementation of public participation related to environmental health impact (e.g. environmental health indicators, monitoring tools, information chains); activities and projects focused on decision makers, parliamentarians and political parties in order to instil a culture of public participation in environmental matters; draft ing legally binding rules for public participation in sub-laws, coherent rules and practices for public consultations in both the environmental sector and other related sectors; developing tools for eff ective implementation and monitoring of adopted legislation; assessment and evaluation of practices and lessons learned, with a focus on evidence of recognising opinion of the public and associations; and welcoming follow-up opinions.
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2) Education and training to upgrade capacity of various actors, such as government offi cials and civil society. To upgrade the capacity of various actors it is important to underline the importance of: environmental education and training; strengthening knowledge and skills of associations and environmental decision makers at all levels; strengthening capacity to implement and enforce legislation; catalysing civil society to take part in consultations; strengthening local environmental capacities; allocating budget funds for supporting public participation; strengthening consumer organisations and eco-consumer organisations; boosting capacity for associations involved in educational and training activities; supporting formal or informal courses related to public participation in decision-making processes; training offi cials and executives at all levels of administration to communicate with the general public; and providing support for formal and informal environmental educational programmes, including tools for public participation.
3) Measures related to awareness-raising. It will be necessary to conduct awareness-raising programmes and activities focused on the general public and public authorities, including but not limited to support for: environmental civil society organisations for related campaigns; increased awareness of politicians, decision makers and the public; promotion of public participation in addressing climate change and its eff ects; facilitating public participation and developing adequate responses; disseminating information to the public on participatory procedures through basic means of communication; improving staff trainings related to the Aarhus Convention; organising campaigns for the association sector that include workshops, roundtable discussions, lectures, online activities, putting up posters, and distributing leafl ets and brochures in order to raise public awareness of the Aarhus Convention; securing the support of print, electronic and local media; training journalists about the importance of the Aarhus Convention; and establishing a ‘Green Ombudsman’ or other form of legal institution to provide assistance to the association sector.
4) Measures related to better partnership. It is necessary to establish horizontal and vertical cooperation at diff erent levels of the environment-protection system, including strengthening partnerships between governmental and non-governmental sectors. We propose to improve communication between local authorities and Non-governmental organizations in a manner in which each self-government unit will appoint a staff member responsible for continuous and active cooperation with civil society organizations in each department, that would be formalized by introducing these activities into terms of reference that is, description of duties of this post.
Effi cient implementation will require active involvement of a wide range of institutions and stakeholders, including associations and the media.
3.10.3. Access to justice: summary of needs
Complex measures should be implemented during the coming four-year period (2011–2014) in order to fulfi l all access-to-justice requirements as defi ned by Pillar III of the Aarhus Convention. Such provisions should guarantee present and future generations the right of access to environmental information, the right to participate in decision-making procedures on environmental matters, and protect their rights in the cases when acts and omissions of private persons and public authorities contravene legal provisions related to the environment.
1) Measures concerning procedures and legislation. It is fi rst of all necessary to apply specifi c Aarhus Convention terminology within the Republic of Serbia’s entire legal system: i.e. the same environmental terminology would apply in both ‘horizontal’ and ‘sectoral’ laws. It is furthermore recommended that each piece of current environmental legislation be analysed in depth, so as to provide a standard methodology for incorporation of Aarhus Convention requirements throughout the Republic of Serbia. Detailed plans for amending all environmental legislative instruments should also be adopted, as should appropriate legal grounds for establishing mechanisms to help reduce fi nancial and other barriers to access to justice in accordance with the Aarhus Convention. Th ese mechanisms should be established to operate in a synergetic way with the Commissioner for Information of Public Importance and Personal Data Protection. Th is would also contribute to strengthening the existing Aarhus Centres and establishing new ones. Th is would also support capacity building of associations and academic institutions.
Strong legal grounds should be adopted for establishment of a compulsory, national-level Aarhus Convention clearance mechanism. Such a mechanism should be used to measure accordance of all draft s of environmental legislation and bylaws with Aarhus Convention provisions, and to render opinions on draft texts prior to the adoption procedure. Such a mechanism would be composed of the staff of the ministry responsible for the issues relating to the environment, other interested ministries and governmental institutions, independent
74
experts, associations’ representatives and other stakeholders. Opinions would be made public and accompany any draft legislation.
Special measures should be incorporated into all environmental laws to prevent or minimise omissions or transgressions of rights set out in the Aarhus Convention, and these measures should then be transposed into national environmental legislation.
2) Measures relating to public information and awareness-raising. One key task is to develop a comprehensive, user-friendly handbook on access to justice in environmental matters; this handbook should be made easily available and broadly disseminated. Also, websites containing information on access to justice require signifi cant improvement in terms of user-friendliness, accessibility, professional design and accuracy of information. General awareness-raising for the general public and public authorities needs to be stepped up, especially at local levels and among the judiciary.
All recommended measures should be undertaken and implemented in close collaboration with associations. Effi ciency and eff ectiveness in undertaking these measures will ease eff orts to harmonise environmental legislation of the Republic of Serbia with the EU’s environmental acquis, which complies with Aarhus Convention requirements.
Successful implementation of Pillar III of the Aarhus Convention will also require continued support from the international community.
3.11. Assessment of Financial Resources for Realisation of the Strategy for Implementing the Aarhus Convention
Financial resources needed for the realisation of the Strategy for Implementing the Aarhus Convention will be provided within the scope of funds earmarked for the Ministry of Environment, Mining and Spatial Planning for the upcoming period in accordance with the Law on Budget. Beside the means provided from the budget, it is anticipated that the activities will also be supported by foreign donations.
3.12. Strategy Implementation Plan and Activities Envisaged in the Area of Aarhus Convention Enforcement
Th e Strategy Implementation Plan and activities envisaged in the area of Aarhus Convention enforcement are incorporated in the Action Plan which forms an integral part of this Strategy.
3.13. Final Provision
Th is Strategy is to be published in the Offi cial Gazette of the Republic of Serbia.
05 no: 151-5828/2011
In Belgrade, 2011
THE GOVERNMENT
PRESIDENT OF GOVERNMENT
75
Section 4.
Action Plan
4.1. Analysis of Strengths, Weaknesses, Opportunities and Threats of the Implementation of the Action Plan for Implementing the Aarhus Convention
Strengths
• In some areas, the implementation of the Action Plan for Implementing the Aarhus Convention (hereinaft er: Action Plan) was in place for some time prior to Aarhus Convention ratifi cation; the priority is to retain functioning good practices and to exchange them at all state levels.
• Existing strategic political documents already incorporate many objectives relevant to the Aarhus Convention.
• Existing environmental and GMO legislation provide a good base for further harmonisation with Aarhus Convention requirements.
• Th e Environmental Protection Agency has been established, through which regular cooperation with EIONET and the EEA prior to EU accession provides opportunities to learn EU practices and become acquainted with EU requirements.
• Th ere is an available core of well-educated and dedicated environmental experts.
• A Commissioner for Information of Public Importance and Personal Data Protection has been established and his Offi ce is becoming more eff ective.
• Th e court system has put into place an adequate procedure of access to justice.
Weaknesses
• Th ere is a lack of administrative capacity (especially in terms of enforcement of environmental legislation) and a lack of human resources at competent environmental institutions. Capacity to implement and enforce legislation needs to be strengthened.
• Political will and support is lacking.
• Th ere is low awareness among all stakeholders, from the general public to competent authorities.
• Social and economic problems take political precedence over environmental issues and Aarhus Convention priorities.
• Associations are weak, understaff ed and undertrained.
• Th e information system is underdeveloped and lacks data (related to transport, operational monitoring, climate change).
• Th ere are gaps in sectoral legislation, a lack of bylaws for operational implementation, non-harmonised provisions, non-implementation of existing legislation and poor basic structure for functionality (e.g. defi ned institutional responsibilities, procedural methodologies), which makes the system costly and ineffi cient.
76
• Th e Environmental Protection Agency is not an independent institution. Th e status of the Agency is regulated in accordance with the Law on Environmental Protection (Offi cial Gazette of RS, No. 135/04)
• Th ere is a lack of environmental capacity in the business sector.
Future opportunities
• Accede to the EU and transpose legislation.
• Develop an action plan (already well developed in certain areas) and proceed with implementation, applying the following principles:
a. prioritise activities in order to fi rst remove the greatest obstacles to an eff ectively functioning system (i.e. defi ning terms, harmonising existing provisions, issuing necessary bylaws);
b. simultaneously take in account EU legislative requirements;
• Th e analysis of legislative alignment with the Aarhus Convention and formulation of legislative solutions should always take into account the necessity to comply with the provisions of Directive 2003/4/EC on public access to environmental information and Directive 2003/35/EC on public participation in development of environmental plans and programmes and on access to justice.
• Make better use of EEA/EIONET cooperation to gather best practices and employ eff ective, inexpensive solutions; participate in other international activities, such as INSPIRE and GMES.
• Link Aarhus Convention implementation with other international treaties.
• Link Aarhus Convention implementation with democratisation eff orts.
• Strengthen the role of associations, particularly through the regional Aarhus Centres, in order to support an eff ective accession process and Aarhus Convention implementation.
• Decide on areas of the Aarhus Convention in which to be active, innovative and take a leading role.
• Make use of accession-process cooperation through revision and further upgrading of relevant legislation, in addition to implementation and enforcement.
• Th e Action Plan off ers greater use of and access to available European and international fi nancing.
• Strengthening the court system and provide adequate access to justice.
Future threats
• Th e EU accession process could slow down.
• Th e complexity of solutions can sometimes postpone implementation. A transparent step-by-step implementation action plan should be developed to avoid rejecting broad, complex and demanding tasks.
• Awareness-raising is a basic requirement, as there is low awareness among the public and political decision makers of environment-related issues.
• Th e justice system should be arranged so as to contribute to the eff ective implementation of the Aarhus Convention provisions.
• In times of economic crisis, governmental institutions cannot function at full capacity.
77
• Th e lack of valid and quality environmental data can make it diffi cult to enjoy the right of access to information; if a high-quality data system is not in place, various public and interested public requirements might be falsely interpreted.
• Th ere is a current lack of political will to improve relevant legislation.
4.2. Aims, Principles and Priorities of the Action Plan
Th e aims of the Republic of Serbia Action Plan are closely related to those of the Aarhus Convention, but also refl ect the country’s current situation within the EU accession process. Th e plan is designed in such a way that implementation can start immediately without further analysis, but requires in parallel additional analysis of environmental and other issues to follow and build upon long-term objectives, and to manage broader concerns, such as the EU accession process, spatial levels and other sectors. Th is is also a process requiring continuous monitoring and improvement. Th e fi rst step is to adapt the Action Plan to the current status of the EU accession plan, and to ensure synergies and harmonised outputs. Basic conditions to start the process are contained in this document.
Th e Action Plan prioritisation principles for the next fi ve years are listed below:
• Start immediately with simple, cost-eff ective basic activities; involve the public and other stakeholders in environmental decision-making processes; educate (by making use of TWINNING projects, TAIEX and other possibilities) and raise awareness about Aarhus Convention aims and rights.
• Build on the existing situation and the advantages it off ers; there is already a basic platform available for functioning, which allows for continual upgrading and fi lling in of existing gaps.
• Determine activities so that aft er fi rst outcomes are available they can be easily integrated into the accession process when negotiations start.
• Examine activities in a transboundary and international context and establish the necessary links.
• Aim to keep up with developing e-system trends.
Subsection C.1: The Aarhus Convention on Public Assistance, Quidance, Education and Awareness
National Aarhus portal <http://www.aarhus.be> (Belgium)
Th is Belgian portal aims to provide the public with fi rst-hand information about the Aarhus Convention and the public’s rights within the Convention framework. It is a joint initiative of federal and regional environmental authorities.
See also Subsection B.9 on the role of Croatian associations in Aarhus Convention implementation.
78
Monitoring mechanisms
Th e Action Plan is designed to be fl exible for revision over time and linked to developing political processes. Th e Action Plan proposes mechanisms to this end, as well as for monitoring eff ects, implementation and need for revision. Exact procedures and institutional/stakeholder responsibility will be established aft er the plan’s adoption.
Th e following tools and mechanism are proposed in the Action Plan:
• the government and associations should select sets of indicators for measuring Action Plan implementation, as well as the eff ects of implementation;
• select indicators for measuring the success of Action Plan implementation;
• develop a table of accordance, which is to be updated regularly (e.g. every two years) and expanded as needed to relate to EU directives and other laws;
• arrange and hold conferences for a wide range of stakeholders to track implementation of Action Plan by various actors and users; assist and guide implementation through the exchange of good practices and discussion forums;
• the government and associations should report and make news and information available online;
• report to the Aarhus Convention Secretariat;
• make budget allocations to implement activities; and
• continue fi nancial support to government and associations for monitoring activities.
79
4.3
Pla
n o
f A
cti
vit
ies
for
the
Im
ple
me
nta
tio
n o
f th
e A
arh
us
Co
nv
en
tio
n
4.3.
1 Ac
tions
and
Initi
ativ
es o
f Gen
eral
and
Cro
ss-c
uttin
g N
atur
e
Tab
le C
.1: A
cti
on
s a
nd
init
iati
ve
s o
f g
en
era
l an
d/o
r cr
oss
-cu
ttin
g n
atu
re
Pro
po
sed
Ac
tio
nR
esp
on
sib
le in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt /
en
ga
ge
Targ
et
Da
tes
Su
cce
ss I
nd
ica
tor
1.Co
nnec
ting
rele
vant
stak
ehol
ders
,Es
tabl
ish
a A
arhu
s Con
vent
ion
web
si
te w
ith n
atio
n-w
ide
info
rmat
ion
on
the
conv
entio
n rig
hts,
inst
ruct
ions
an
d gu
idel
ines
and
form
s to
be u
sed
by u
sers
, mon
itorin
g in
dica
tors
and
re
port
s pro
vide
d: g
over
nmen
tal a
nd
NG
Os s
ite, R
egio
nal A
arhu
s cen
ter s
ite.
MEM
SPA
ll st
akeh
olde
rsAf
ter a
dopt
ion
of th
e St
rate
gyFu
nds a
lloca
ted
in th
e bu
dget
.W
eb si
tes p
ublis
hed
Mon
itorin
g re
port
s and
in
dica
tors
pub
lishe
dTh
e ne
twor
k of
repr
esen
tativ
es o
f re
leva
nt st
akeh
olde
rs e
stab
lishe
d
2.D
evel
op g
uide
lines
for p
ublic
and
pu
blic
adm
inis
trat
ion
how
to d
eal
with
requ
ests
for p
ublic
info
rmat
ion.
MEM
SPAs
soci
atio
ns se
lect
ed in
the
sele
ctio
n pr
oces
s, Re
gion
al A
arhu
s cen
ters
All
stak
ehol
ders
, par
ticul
arly
A
arhu
s cen
ters
Afte
r ado
ptio
n of
the
Stra
tegy
Fund
s allo
cate
d in
the
budg
et.
Gui
delin
es p
ublis
hed.
3.Re
view
of a
ll se
ctor
al p
olic
ies o
n th
e in
clus
ion
of A
arhu
s Con
vent
ion
requ
irem
ents
and
nee
ds, i
nclu
ding
m
onito
ring
mec
hani
sms.
MEM
SPA
ll st
akeh
olde
rs, p
artic
ular
ly
Aar
hus c
ente
rs
Afte
r ado
ptio
n of
the
Stra
tegy
Incl
uded
in th
e St
rate
gyM
onito
ring
mec
hani
sms f
or
all s
ecto
rs e
vide
nt.
4.Lo
ng-t
erm
ana
lyse
s of h
uman
reso
urce
s fo
r im
plem
enta
tion
of A
arhu
s Con
vent
ion.
MEM
SPA
ll st
akeh
olde
rs. p
artic
ular
ly
Aar
huus
cen
ters
Afte
r ado
ptio
n of
the
Stra
tegy
Incl
uded
in th
e St
rate
gy.
5.Fi
nanc
ial r
equi
rem
ents
in o
rder
to
ena
ble
impl
emen
tatio
n.M
EMSP
All
stak
ehol
ders
, par
ticul
arly
re
gion
al A
arhu
s cen
ters
.Af
ter a
dopt
ion
of th
e St
rate
gyIn
clud
ed in
the
Stra
tegy
.
6.Es
tabl
ishi
ng m
onito
ring
mec
hani
sms:
- ind
icat
ors d
evel
oped
by
gove
rnm
ent a
nd a
ssoc
iatio
ns- t
able
of a
ccor
danc
e up
date
d in
tim
e an
d in
scop
e(E
U, o
ther
law
s..)
- rep
ortin
g to
the
secr
etar
iat
of th
e A
arhu
s Con
vent
ion
- pub
lic su
rvey
MEM
SPCI
PIPD
P, SE
PA, I
NCS
, LG
, Ass
ocia
tions
, m
edia
and
all
othe
r rel
evan
t pub
lic
auth
oriti
es a
nd st
akeh
olde
rs,
part
icul
arly
Reg
iona
l Aar
hus c
ente
rs.
Afte
r ado
ptio
n of
the
Stra
tegy
Fund
s allo
cate
d in
the
budg
et a
imed
at
impl
emen
ting
the
activ
ities
.Co
ntin
ued
fi nan
cial
supp
ort
for m
onito
ring
(to a
ssoc
iatio
ns
and
gove
rnm
ent)
Incl
uded
in th
e St
rate
gy.
Esta
blis
hed
bodi
es o
r com
mitt
ees.
Repo
rts t
o th
e A
arhu
s Co
nven
tion
Secr
etar
iat.
Indi
cato
rs p
ublis
hed.
Repo
rts p
ublis
hed
by a
ssoc
iatio
ns.
80
Pro
po
sed
Ac
tio
nR
esp
on
sib
le in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt /
en
ga
ge
Targ
et
Da
tes
Su
cce
ss I
nd
ica
tor
7.Fu
rthe
r rev
iew
s of l
egis
lativ
e ac
cord
ance
: with
oth
er la
ws,
upda
ted
law
s and
sub-
law
s as n
eces
sary
, with
al
l the
rele
vant
EU
dire
ctiv
es (a
cces
s to
info
rmat
ion
and
all o
ther
s whi
ch o
nly
in p
arts
rela
tes t
o A
arhu
s Con
vent
ion)
an
d in
tern
atio
nal c
onve
ntio
ns.
MEM
SPRe
leva
nt m
inis
trie
sAf
ter a
dopt
ion
of th
e St
rate
gyO
rgan
ized
wor
ksho
ps in
clud
ing
all
stak
ehol
ders
invo
lved
in a
djus
ting
the
legi
slat
ive
fram
ewor
k.A
men
ded
Stra
tegy
with
re
sults
of g
ap a
naly
ses
8.Lo
ng te
rm a
naly
ses o
f the
inst
itutio
nal
set u
p (e
spec
ially
from
the
poin
t of
view
of t
he o
rgan
s and
org
aniz
atio
ns
whi
ch d
irect
ly im
plem
ent t
he la
ws o
f im
port
ance
for t
he A
arhu
s con
vent
ion;
in
the
fi eld
s of e
duca
tion
, wor
k-re
late
d tr
aini
ng, d
isse
min
atio
n of
in
form
atio
n th
roug
h pu
blic
med
ia
and
popu
lariz
atio
n of
env
ironm
enta
l pr
otec
tion
and
the
Aar
hus C
onve
ntio
n)
MEM
SPG
over
nmen
tPr
e-ac
cess
ion
nego
tiatio
ns.
9.Lo
ng-t
erm
ana
lyse
s of t
he
role
s of r
egio
nal a
nd lo
cal
com
mun
ities
and
ass
ocia
tions
.
MEM
SPRe
leva
nt re
gion
al a
nd lo
cal p
artn
ers,
part
icul
arly
Reg
iona
l Aar
hus c
ente
rs.
Pre-
acc
essi
on n
egot
iatio
ns.
Stra
tegy
for r
egio
nal a
nd
loca
l act
ors p
repa
red.
10.
Ratifi
cat
ion
of th
e Pr
otoc
ol o
n Po
lluta
nt
Rele
ase
and
Tran
sfer
regi
ster
s (PR
TR).
MEM
SPPr
e- a
cces
sion
neg
otia
tions
.Ra
tifi e
d pr
otoc
ol.
11.
Ratifi
cat
ion
of G
MO
am
endm
ent.
Min
istr
y of
Agr
icul
ture
, Tra
de, F
ores
try
and
Wat
er M
anag
emen
t, M
EMSP
Befo
re a
cces
sion
neg
otia
tions
.Ra
tifi e
d am
endm
ent.
12.
Esta
blis
h co
nfer
ence
s for
exc
hang
e of
go
od p
ract
ices
, cam
paig
ns a
nd tr
aini
ng
prog
ram
mes
for i
mpl
emen
tatio
n of
the
Aar
hus C
onve
ntio
n.Co
nfer
ence
s are
pre
cede
d by
w
orks
hops
inte
nded
to in
form
st
akeh
olde
rs a
bout
the
Aar
hus
Conv
entio
n pr
ovis
ions
and
goa
ls.D
urin
g th
e w
orks
hops
, pro
posa
ls
of a
ctiv
ities
for i
mpl
emen
ting
the
Aar
hus C
onve
ntio
n w
ill b
e dr
afte
d.
MEM
SPM
inis
try
of E
duca
tion
and
Scie
nce,
aso
ciat
ions
, med
ia a
nd
othe
r sta
keho
lder
s, pa
rtic
ular
ly
Regi
onal
Aar
hus c
ente
rs.
Afte
r ado
ptio
n of
the
Stra
tegy
Fund
s allo
cate
d in
the
budg
et fo
r or
gani
zing
wor
ksho
ps, c
onfe
renc
es
and
cam
paig
ns a
nd fo
r dev
elop
ing
an e
duca
tion
prog
ram
me.
Prog
ram
me
publ
ishe
d an
d ad
opte
d.Co
nfer
ence
s car
ried
out.
Part
icip
atio
n in
oth
er c
onfe
renc
es
(inte
rnat
iona
l and
loca
l lev
el e
vent
s, ou
tsid
e th
e co
untr
y et
c.).
Form
al a
nd n
on-fo
rmal
edu
catio
nal
activ
ities
car
ried
out.
13.
Acce
lera
te c
oope
ratio
n an
d ex
chan
ge
of g
ood
prac
tice
with
the
Euro
pean
Co
mm
unity
and
in in
tern
atio
nal a
ctiv
ities
.
MEM
SPO
ther
stak
ehol
ders
, par
ticul
arly
Re
gion
al A
arhu
s cen
ters
.
81
Pro
po
sed
Ac
tio
nR
esp
on
sib
le in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt /
en
ga
ge
Targ
et
Da
tes
Su
cce
ss I
nd
ica
tor
14.
Build
ing
mec
hani
sms e
nsur
ing
the
prom
otio
n of
the
Aar
hus C
onve
ntio
n pr
inci
ples
in in
tern
atio
nal e
nviro
nmen
tal
deci
sion
-mak
ing
proc
esse
s, in
clud
ing
the
part
icip
atio
n of
the
publ
ic in
dec
isio
n-m
akin
g pr
oces
ses r
elat
ed to
inte
rnat
iona
l ac
tiviti
es ta
ken
by c
ompe
tent
aut
horit
ies
in th
e fi e
ld o
f the
env
ironm
ent;
Min
istr
y of
For
eign
Aff a
irs;
Min
istr
y of
the
Envi
ronm
ent,
Min
ing
and
Spat
ial P
lann
ing
and
othe
r com
pete
nt a
utho
ritie
s;
2012
;A
n Ac
t reg
ulat
ing
the
activ
ities
of
the
com
pete
nt a
utho
ritie
s with
the
aim
of a
chie
ving
the
pred
efi n
ed
aim
; pro
vidi
ng a
cces
s to
info
rmat
ion
and
part
icip
atio
n of
the
publ
ic in
ac
tiviti
es re
late
d to
inte
rnat
iona
l co-
oper
atio
n in
the
fi eld
of e
nviro
nmen
t.
15.
Mon
itorin
g an
d an
alys
ing
the
impl
emen
tatio
n of
the
Aar
hus
Conv
entio
n w
ith re
gard
to a
nti-
disc
rimin
atio
n m
easu
res (
fi ght
ing
disc
rimin
atio
n on
the
grou
nds o
f ci
tizen
ship
, pla
ce o
f res
iden
ce o
f leg
al
pers
ons r
egar
dles
s of t
heir
regi
ster
ed
seat
or t
he a
ctua
l cen
tre
of a
ctiv
ities
;
MEM
SPM
inis
try
of th
e En
viro
nmen
t, M
inin
g an
d Sp
atia
l Pla
nnin
g an
d ot
her c
ompe
tent
aut
horit
ies;
2012
Repo
rt o
n th
e im
plem
enta
tion
of A
rtic
le
3, P
arag
raph
9 o
f the
Aar
hus C
onve
ntio
n;
82
4.3.
2 Ac
tions
and
Initi
ativ
es fo
r Acc
ess t
o In
form
atio
n
Tab
le C
.2: A
cti
on
s a
nd
init
iati
ve
s fo
r a
cce
ss t
o in
form
ati
on
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r
Legi
slat
ion
and
proc
edur
es
1.H
arm
oniz
atio
n of
the
LEP
with
A
arhu
s Con
vent
ion
prin
cipl
es o
n fre
e ac
cess
to in
form
atio
n
Incl
ude
clea
r defi
niti
on o
f the
env
ironm
enta
l inf
orm
atio
nD
efi n
e in
cle
arer
man
ner t
he c
riter
ia fo
r exe
mpt
ions
fro
m th
e rig
ht o
f acc
ess t
o in
form
atio
n, a
nd o
mit
all
ambi
guou
s stip
ulat
ions
rega
rdin
g th
ese
crite
ria
MEM
SPAs
soci
atio
ns,
SEPA
, Reg
iona
l A
arhu
s Cen
ters
2012
Am
endm
ents
to th
e la
w p
ublis
hed.
2.H
arm
oniz
atio
n of
the
LEP
with
th
e st
ipul
atio
ns o
f the
LFA
IPI
Mod
ify st
ipul
atio
ns o
f the
LEP
rega
rdin
g tim
efra
mes
for
prov
idin
g in
form
atio
n or
a re
fusa
l of i
nfor
mat
ion
disc
losu
re
in a
ccor
danc
e w
ith ti
mef
ram
es p
rovi
ded
by th
e LF
AIP
I
MEM
SPCI
PIPD
P, As
soci
atio
ns,
SEPA
, Reg
iona
l A
arhu
s cen
ters
2012
Am
endm
ents
to th
e la
w p
ublis
hed.
3.H
arm
oniz
atio
n of
the
LFA
IPI w
ith
Aar
hus C
onve
ntio
n pr
inci
ples
on
free
acce
ss to
info
rmat
ion
Defi
ne
in c
lear
er m
anne
r the
crit
eria
for e
xem
ptio
ns
from
the
right
of a
cces
s to
info
rmat
ion,
and
om
it al
l am
bigu
ous s
tipul
atio
ns re
gard
ing
thes
e cr
iteria
CIPI
PDP
MEM
SP, A
ssoc
iatio
ns,
SEPA
, Reg
iona
l A
arhu
s cen
ters
2013
or d
urin
g pr
e- a
cces
sion
ne
gotia
tions
Am
endm
ents
to th
e la
w p
ublis
hed.
4.G
ener
al h
arm
oniz
atio
n of
the
natio
nal e
nviro
nmen
tal l
egis
latio
n w
ith A
arhu
s Con
vent
ion
prin
cipl
es
on fr
ee a
cces
s to
info
rmat
ion
Incl
ude
clea
rly d
efi n
ed ri
ght o
f fre
e ac
cess
to in
form
atio
n in
all
rele
vant
env
ironm
enta
l leg
al d
ocum
ents
, es
peci
ally
in L
EIA
, LSE
A, L
IPPC
, LSU
FR, L
PAIR
NS,
WL.
Incl
ude
spec
ifi c
pena
lty p
rovi
sion
s in
all r
elev
ant
lega
l doc
umen
ts fo
r the
impa
irmen
t of t
he ri
ght
of fr
ee a
cces
s to
envi
ronm
enta
l inf
orm
atio
n.Su
breg
ulat
e th
e is
sue
of d
isse
min
atio
n of
env
ironm
ent-
rela
ted
prod
uct i
nfor
mat
ion
to c
onsu
mer
s with
the
incl
usio
n of
cle
arly
defi
ned
mea
sure
s and
crit
eria
.
MEM
SPO
ther
rele
vant
m
inis
trie
s, as
soci
atio
nsBe
fore
ac
cess
ion
nego
tiatio
ns
Am
endm
ents
to th
e la
w p
ublis
hed.
5.D
efi n
e in
cle
ar a
nd p
reci
se m
anne
r re
cord
-kee
ping
, mon
itorin
g an
d re
port
ing
syst
ems f
or o
pera
tors
, an
d es
peci
ally
pro
cedu
res a
nd
time
limits
for q
ualit
y ch
ecki
ng a
nd
adeq
uate
fl ow
of i
nfor
mat
ion
to p
ublic
au
thor
ities
and
gen
eral
pub
lic
Dev
elop
an
addi
tiona
l byl
aw o
r gui
delin
es th
at w
ould
de
fi ne
thes
e is
sues
in a
cle
ar a
nd p
reci
se m
anne
r.M
EMSP
SEPA
2013
Am
endm
ents
to th
e la
w p
ublis
hed.
6.Es
tabl
ish
a cl
ear d
efi n
ition
of
envi
ronm
enta
l inf
orm
atio
n an
d th
e pu
blic
righ
t of a
cces
s, as
wel
l as c
lear
an
d pr
ecis
e se
t of n
atio
nal c
riter
ia fo
r re
fusa
l of i
nfor
mat
ion
disc
losu
re.
With
in th
e ex
istin
g le
gisl
atio
n in
trod
uce
AN
ALT
ERN
ATIV
E M
EASU
RE IN
STEA
D
OF
CHA
NG
ES T
O P
RIM
ARY
LAW
S.
Dev
elop
an
addi
tiona
l byl
aw th
at w
ould
defi
ne
thes
e is
sues
in a
cle
ar a
nd p
reci
se m
anne
r.M
EMSP
CIPI
PDP,
asso
ciat
ions
an
d SE
PA20
13By
-law
pub
lishe
d.
83
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r
7.
Esta
blis
h ha
rmon
izat
ion
of la
ws w
ith E
U
requ
irem
ents
rela
ted
to th
e in
form
atio
n sy
stem
, i.e
. IN
SPIR
E or
nat
iona
l reg
ulat
ions
to
impr
ove
coop
erat
ion
with
the
EEA
(n
omin
atio
n of
con
tact
poi
nts,
repo
rtin
g pr
otoc
ols..
), SE
IS, G
MES
as a
ppro
pria
te.
Dev
elop
by-
law
s, gu
idel
ines
, and
inst
ruct
ions
or
othe
r for
ms o
f agr
eem
ent t
o pr
ovid
e in
form
atio
nM
EMSP
Dat
a pr
ovid
ers
Star
t 201
1 w
ith th
e EE
A P
roce
ed
in st
eps
Repo
rtin
g re
quire
men
ts a
nd
cont
act p
oint
s nom
inat
ed.
Defi
ned
form
ats o
f doc
umen
ts (g
uide
lines
, in
stru
ctio
ns m
emor
andu
ms o
f und
erst
andi
ng
) est
ablis
hed
for c
oope
ratio
n in
dat
a fl o
ws t
o su
ppor
t Eur
opea
n an
d in
tern
atio
nal r
equi
rem
ents
.
Inst
itutio
nal a
rran
gem
ents
and
re
spon
sibi
litie
s, fro
m st
ate
to lo
cal
leve
l, in
stitu
tiona
l per
form
ance
, ca
paci
ty b
uild
ing
and
trai
ning
.
8.Im
prov
e th
e effi
cie
ncy
of re
spon
sibl
e pu
blic
aut
horit
ies t
o de
al w
ith th
e rig
ht o
f fre
e ac
cess
to in
form
atio
n an
d in
form
atio
n di
ssem
inat
ion.
Asse
ss th
e ad
just
men
t of t
he st
atus
of S
EPA
in
acco
rdan
ce w
ith th
e EU
inte
grat
ion
proc
ess.
Dev
elop
and
impl
emen
t cap
acity
bui
ldin
g pr
ogra
mm
e fo
r CIP
IPD
P re
gard
ing
its a
bilit
y to
pr
oces
s req
uest
s and
com
plai
nts,
as w
ell a
s to
mon
itor i
mpl
emen
tatio
n of
the
LFA
IPI.
Dev
elop
and
impl
emen
t cap
acity
bui
ldin
g an
d tr
aini
ng p
rogr
amm
es fo
r SEP
A, M
EMSP
and
oth
er
rele
vant
pub
lic a
utho
ritie
s reg
ardi
ng th
eir a
bilit
y to
pro
cess
info
rmat
ion
disc
losu
re re
ques
ts.
- Defi
ne
clea
r poi
nts o
f con
tact
and
iden
tify
resp
onsi
ble
pers
ons t
o de
al w
ith th
e pu
blic
righ
t to
free
acce
ss
to in
form
atio
n an
d in
form
atio
n di
ssem
inat
ion
with
in
each
pub
lic a
utho
rity,
and
est
ablis
h a
netw
ork
of
resp
onsi
ble
pers
ons t
o fa
cilit
ate
info
rmat
ion
fl ow
.
MEM
SPCI
PIPD
PM
EMSP
MEM
SP
FEP,
CIPI
PDP,
MEM
SP,
SEPA
, ass
ocia
tions
, Re
gion
al A
arhu
s ce
nter
s, m
edia
and
all
othe
r pub
lic a
utho
ritie
s id
entifi
ed
as re
leva
nt
for t
hese
act
iviti
es.
2012
Rele
vant
doc
umen
ts p
ublis
hed.
Publ
ishe
d da
tes o
f pro
ject
repo
rts;
Publ
ishe
d da
tes o
f pro
ject
repo
rts;
Tota
l num
ber a
nd p
erce
ntag
e of
pub
lic a
utho
ritie
s th
at h
ave
esta
blis
hed
clea
r poi
nts o
f con
tact
, an
d w
hich
hav
e id
entifi
ed
resp
onsi
ble
staff
to
dea
l with
the
publ
ic ri
ght t
o fre
e ac
cess
to
info
rmat
ion
and
info
rmat
ion
diss
emin
atio
n;D
ate
of e
stab
lishm
ent o
f the
net
wor
k an
d es
timat
ion
of th
e am
ount
of i
nfor
mat
ion
fl ow
thro
ugh
the
netw
ork.
9.Im
prov
e th
e effi
cie
ncy
of th
e lo
cal
gove
rnm
ent i
nstit
utio
ns to
dea
l with
th
e rig
ht o
f fre
e ac
cess
to in
form
atio
n an
d in
form
atio
n di
ssem
inat
ion
- Con
duct
an
anal
ysis
of t
he g
aps a
nd n
eeds
w
ithin
loca
l gov
ernm
ent i
nstit
utio
ns, r
egar
ding
th
eir a
bilit
y to
dea
l with
thes
e is
sues
.- D
evel
op a
nd im
plem
ent s
peci
fi c tr
aini
ng a
nd c
apac
ity
build
ing
prog
ram
mes
for l
ocal
gov
ernm
ent i
nstit
utio
ns,
acco
rdin
g to
the
anal
ysis
of g
aps a
nd n
eeds
.- D
efi n
e cl
ear p
oint
s of c
onta
ct a
nd id
entif
y re
spon
sibl
e pe
rson
s to
deal
with
the
publ
ic ri
ght
to fr
ee a
cces
s to
info
rmat
ion
and
info
rmat
ion
diss
emin
atio
n w
ithin
eac
h lo
cal g
over
nmen
t uni
t.- E
stab
lish
loca
l env
ironm
enta
l inf
orm
atio
n di
ssem
inat
ion
cent
res,
base
d on
the
exam
ple
of th
e A
arhu
s Cen
tre
Krag
ujev
ac a
nd o
ther
exa
mpl
es o
f goo
d pr
actic
e.
MEM
SPM
HM
RPA
LSG
, LG
, FE
P, SC
TM, N
ITIA
, as
soci
atio
ns,
med
ia, R
egio
nal
Aar
hus c
ente
rs
2012
2013
2012
2014
Pro
ject
repo
rts p
ublis
hed.
Tota
l num
ber a
nd p
erce
ntag
e of
loca
l gov
ernm
ent
units
that
hav
e es
tabl
ishe
d cl
ear p
oint
s of
cont
act,
and
whi
ch h
ave
iden
tifi e
d re
spon
sibl
e st
aff t
o de
al w
ith th
e pu
blic
righ
t to
free
acce
ss
to in
form
atio
n an
d in
form
atio
n di
ssem
inat
ion.
Num
ber o
f loc
al g
over
nmen
t uni
ts w
ith e
stab
lishe
d en
viro
nmen
tal i
nfor
mat
ion
diss
emin
atio
n ce
ntre
s.
10.
Impr
ove
effi c
ienc
y of
insp
ecto
rate
s, bo
th o
n na
tiona
l and
loca
l lev
el, t
o im
pose
con
trol
mec
hani
sms o
n th
e ac
cess
to in
form
atio
n an
d in
form
atio
n di
ssem
inat
ion
perf
orm
ance
.
- Dev
elop
and
impl
emen
t cap
acity
bui
ldin
g an
d tr
aini
ng p
rogr
amm
es fo
r ins
pect
orat
es, b
oth
on
natio
nal a
nd lo
cal l
evel
, reg
ardi
ng th
eir a
bilit
y to
impo
se e
ffi ci
ent c
ontr
ol m
echa
nism
s.
MEM
SPM
HM
RPA
LSG
, LG
, CI
PIPD
P, SE
PA, F
EP20
12Pr
ojec
t rep
orts
pub
lishe
d
84
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r
11.
Esta
blis
h an
effi
cien
t ala
rm sy
stem
fo
r dis
sem
inat
ion
of in
form
atio
n on
the
imm
inen
t thr
eat t
o hu
man
he
alth
or t
he e
nviro
nmen
t.
- Defi
ne
thre
shol
ds fo
r the
ala
rm sy
stem
.- D
efi n
e a
clea
r set
of p
roce
dure
s, tim
e-fra
mes
, mea
ns o
f co
mm
unic
atio
n, re
spon
sibl
e in
stitu
tions
and
per
sons
for
mon
itorin
g an
d in
form
atio
n di
ssem
inat
ion
in c
ases
of t
he
imm
inen
t thr
eat t
o hu
man
hea
lth o
r the
env
ironm
ent.
- Est
ablis
h an
ext
erna
l con
trol
of t
he p
rope
r fun
ctio
ning
of
the
alar
m sy
stem
and
obj
ectiv
ity o
f the
dat
a pr
ovid
ed.
MEM
SPSE
PA, L
G, M
oD, R
PNSA
, as
soci
atio
ns, m
edia
.20
12Th
resh
olds
for t
he a
larm
syst
em
defi n
ed; p
ublic
atio
n da
te.
Ala
rm sy
stem
func
tiona
l; D
ate
of p
ublis
hing
of
ala
rm sy
stem
pro
cedu
res.
12.
Esta
blis
hmen
t of t
he e
ffi ci
ent s
yste
m
of e
nviro
nmen
tal m
onito
ring,
dat
a m
aint
enan
ce a
nd in
form
atio
n di
ssem
inat
ion
by p
rote
cted
are
a m
anag
ers
to lo
cal c
omm
uniti
es in
the
regi
on a
nd
to th
e ge
nera
l pub
lic, a
nd d
eal w
ith th
e pu
blic
righ
t of f
ree
acce
ss to
info
rmat
ion
- Est
ablis
h a
perm
anen
t sys
tem
with
in e
ach
prot
ecte
d ar
ea th
at w
ould
act
ivel
y ga
ther
and
dis
trib
ute
rele
vant
in
form
atio
n on
the
stat
e of
the
prot
ecte
d ar
ea th
roug
h In
tern
et p
rese
ntat
ions
and
regu
larly
pub
lishe
d re
port
s.- D
efi n
e cl
ear p
oint
s of c
onta
ct a
nd id
entif
y th
e pe
rson
s res
pons
ible
to d
eal w
ith p
ublic
rig
ht to
free
acc
ess t
o in
form
atio
n.- I
mpr
ove
effi c
ienc
y of
the
netw
orki
ng o
f dat
a m
aint
enan
ce a
nd re
port
ing
syst
ems a
mon
g pr
otec
ted
area
man
ager
s thr
ough
INCS
.
MEM
SPIN
CS, P
AM, L
G, S
EPA
, as
soci
atio
ns, m
edia
, Re
gion
al A
arhu
s cen
ter
2013
2012
2013
Perc
enta
ge o
f pro
tect
ed a
reas
that
hav
e es
tabl
ishe
d effi
cie
nt m
onito
ring,
dat
a m
aint
enan
ce, i
nfor
mat
ion
diss
emin
atio
n an
d re
port
ing
syst
ems;
Perc
enta
ge o
f pro
tect
ed
area
s tha
t reg
ular
ly p
ublis
h re
port
s on
the
stat
e of
pro
tect
ed a
reas
and
hav
e m
ade
all r
elev
ant
info
rmat
ion
avai
labl
e on
the
Inte
rnet
.To
tal n
umbe
r and
per
cent
age
of p
rote
cted
are
as
that
hav
e es
tabl
ishe
d cl
ear p
oint
s of c
onta
ct,
and
whi
ch h
ave
iden
tifi e
d re
spon
sibl
e st
aff
to d
eal w
ith th
e pu
blic
righ
t to
free
acce
ss to
in
form
atio
n an
d in
form
atio
n di
ssem
inat
ion.
13.
Impr
ove
cont
rol o
f pro
duct
s on
the
mar
ket
and
prod
uct i
nfor
mat
ion
disc
losu
re.
Impr
ove
envi
ronm
enta
l con
cern
s in
busi
ness
and
indu
stry
(EM
AS,
ISO
140
00)
- The
Insp
ecto
rate
shou
ld im
pose
stric
ter a
nd
mor
e effi
cie
nt c
ontr
ol o
f pro
duct
s on
the
mar
ket
and
prod
uct i
nfor
mat
ion
disc
losu
re.
MAT
FWM
MEM
SP, M
H, A
Ch,
asso
ciat
ions
, med
ia,
regi
onal
Aar
hus c
ente
rs
2013
Num
ber o
f pro
duct
info
rmat
ion
disc
losu
res;
Num
ber o
f fi n
es is
sued
for
nonc
onfo
rmity
with
lega
l pro
visi
ons.
Stan
dard
s app
lied
Info
rmat
ion
syst
em, E
PSR
regi
ster
, pub
licat
ions
14.
Esta
blis
h a
natio
nal m
etad
ata
regi
ster
, w
hich
wou
ld c
onta
in d
etai
led
info
rmat
ion
on ty
pes a
nd sc
ope
of th
e do
cum
enta
tion,
info
rmat
ion
and
colle
cted
an
d m
aint
aine
d da
ta, t
he in
stitu
tions
w
hich
are
hol
ding
it o
r are
resp
onsi
ble
to h
old
it, li
nks t
o th
e do
cum
ents
and
da
ta a
vaila
ble
on th
e In
tern
et a
nd p
oint
s of
con
tact
and
pro
cedu
res f
or re
ques
ts
for t
he d
ata
that
is u
nava
ilabl
e on
line.
- Str
engt
heni
ng c
apac
ity o
f the
AEP
RS to
ena
ble
the
esta
blis
hmen
t of a
nat
iona
l met
adat
a re
gist
er.
Prov
ide
a fu
ll pu
blic
acc
ess t
o th
e re
gist
er o
n th
e In
tern
et.
Esta
blis
h a “
gree
n ph
one”
and
an
Inte
rnet
por
tal,
as
com
posi
te p
arts
of t
he n
atio
nal m
etad
ata
regi
ster
, w
hich
wou
ld se
rve
as a
gen
eral
por
tal f
or in
quire
s on
envi
ronm
enta
l inf
orm
atio
n an
d m
eans
of o
btai
ning
it.
SEPA
MEM
SP, A
ll pu
blic
au
thor
ities
and
st
akeh
olde
rs
iden
tifi e
d to
hol
d re
leva
nt in
form
atio
n,
asso
ciat
ions
, med
ia,
Regi
onal
Aar
hus c
ente
r.
2012
2013
2013
Esta
blis
hmen
t of a
nat
iona
l met
adat
a re
gist
er.
Met
adat
a pl
aced
on
the
Inte
rnet
.Es
tabl
ishm
ent o
f a “g
reen
pho
ne”
and
Inte
rnet
por
tal.
15.
Fina
lize
esta
blis
hmen
t of t
he N
atio
nal
Info
rmat
ion
Syst
em a
nd n
atio
nal E
PSR
with
in S
EPA
in a
ccor
danc
e to
Eur
opea
n an
d in
tern
atio
nal r
equi
rem
ents
- Fin
aliz
e de
velo
pmen
t of a
ll el
emen
ts o
f the
Nat
iona
l In
form
atio
n Sy
stem
and
nat
iona
l EPS
R w
ithin
SEP
A.
- Pro
vide
full
publ
ic a
cces
s to
the
Nat
iona
l Inf
orm
atio
n Sy
stem
and
nat
iona
l EPS
R on
the
Inte
rnet
.
SEPA
2012
Nat
iona
l Inf
orm
atio
n Sy
stem
and
N
atio
nal E
PRS
are
fully
est
ablis
hed.
Qua
lity
of d
ata
avai
labl
e to
the
publ
ic o
n th
e In
tern
etN
atio
nal I
nfor
mat
ion
Syst
em a
nd N
atio
nal
EPRS
are
pla
ced
on th
e In
tern
et.
85
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r
16.
Impr
ove
the
func
tioni
ng o
f the
Nat
iona
l In
form
atio
n Sy
stem
and
nat
iona
l EPS
R.- I
mpr
ove
capa
citie
s with
in S
EPA
to e
nsur
e m
ore
effi c
ient
dat
abas
e in
put.
- Est
ablis
h eff
ect
ive
data
val
idat
ion
syst
em fo
r all
info
rmat
ion
with
in th
e N
atio
nal I
nfor
mat
ion
Syst
em a
nd n
atio
nal E
PSR.
- Enh
ance
the
appl
icat
ion
of G
IS b
ased
tech
nolo
gies
with
in
the
Nat
iona
l Inf
orm
atio
n Sy
stem
, in
orde
r to
enha
nce
harm
oniz
atio
n of
diff
eren
t ele
men
ts w
ithin
the
syst
em
and
thei
r int
egra
tion
with
ext
erna
l sys
tem
s, as
wel
l as t
o en
able
eas
ier a
cces
s to
info
rmat
ion
and
data
ana
lysi
s.- E
nhan
ce th
e ne
twor
king
and
har
mon
izat
ion
of th
e N
atio
nal I
nfor
mat
ion
Syst
em w
ith th
e ot
her n
atio
nal
and
inte
rnat
iona
l dat
abas
es, e
spec
ially
with
the
EIO
NET
, SEI
S, G
MES
, EU
ROST
AT a
nd IN
SPIR
E.- E
stab
lish
effi c
ient
repo
rtin
g an
d da
ta-fl
ow th
roug
h EI
ON
ET, S
EIS,
GM
ES, E
URO
STAT
and
INSP
IRE.
SEPA
MEM
SP, F
EP, N
ITIA
, SO
, EI
ON
ET, S
EIS,
GM
ES,
EURO
STAT
, IN
SPIR
E
2012
2013
2015
2013
2013
The
quan
tity
of d
ata
with
in th
e N
atio
nal
Info
rmat
ion
Syst
em th
at h
ave
been
geo
refe
renc
ed,
and
the
amou
nt o
f geo
refe
renc
ed d
ata
whi
ch is
mad
e av
aila
ble
on th
e In
tern
et.
An
effi c
ient
syst
em o
f cro
ss-c
heck
ing
the
data
is e
stab
lishe
d..
Am
ount
of a
nnua
l dat
a fl o
w th
roug
h th
ese
inte
rnat
iona
l mec
hani
sms a
nd in
itiat
ives
.
17.
Impr
ove
data
fl ow
to S
EPA
and
oth
er
resp
onsi
ble
publ
ic a
utho
ritie
s-In
spec
tora
tes s
houl
d co
ntin
ue im
posi
ng st
ricte
r and
mor
e effi
cie
nt c
ontr
ol o
f org
aniz
atio
ns re
spon
sibl
e fo
r pro
vidi
ng
rele
vant
env
ironm
enta
l inf
orm
atio
n to
SEP
A, w
hich
are
en
tere
d in
to th
e N
atio
nal I
nfor
mat
ion
Syst
em a
nd E
PSR
- Con
duct
gap
ana
lyse
s with
in a
ll in
stitu
tions
resp
onsi
ble
for
mon
itorin
g, re
cord
kee
ping
, rep
ortin
g an
d pr
ovid
ing
data
fl o
w to
the
Envi
ronm
enta
l Pro
tect
ion
Agen
cy, a
nd c
ondu
ct
trai
ning
and
cap
acity
bui
ldin
g pr
ogra
mm
es a
ccor
ding
ly.
MEM
SPSE
PA, F
EP, a
ll id
entifi
ed
oper
ator
s, as
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs
2012
2014
Num
ber o
f pro
duct
info
rmat
ion
disc
losu
res;
Num
ber o
f fi n
es th
at a
re is
sued
for
nonc
onfo
rmity
with
lega
l pro
visi
ons,
publ
ishe
d in
ann
ual r
epor
ts e
very
yea
r.Pr
ojec
t rep
orts
are
pub
lishe
d;Ca
paci
ties o
f SEP
A a
re st
reng
then
ed.
18.
Impr
ove
rese
arch
and
mon
itorin
g sy
stem
and
dat
a qu
ality
- Exp
and
the
netw
ork
of m
onito
ring
stat
ions
to
cove
r the
ent
ire c
ount
ry a
nd e
nabl
e th
e m
onito
ring
of a
ll re
leva
nt e
lem
ents
of t
he e
nviro
nmen
t.Im
prov
e th
e us
e of
inte
rnat
iona
l bio
dive
rsity
in
dica
tors
(bas
ed o
n th
ose
deve
lope
d by
EEA
an
d CB
D) w
ithin
env
ironm
enta
l mon
itorin
g.Im
prov
e th
e effi
cie
ncy
of th
e re
sear
ch a
nd m
onito
ring
activ
ities
rela
ted
to th
e st
ate
of b
iodi
vers
ity a
nd o
ther
el
emen
ts o
f the
env
ironm
ent i
n su
ch w
ay th
at it
bec
omes
su
ffi ci
ently
syst
emat
ic a
nd h
arm
oniz
ed, a
s wel
l as
to im
prov
e re
port
ing
to re
spon
sibl
e in
stitu
tions
.
- MEM
SP- S
EPA
- MST
D
MEM
SP, M
STD
, SEP
A,
SRM
I, FE
P, SO
, PAM
, RH
S, L
G, a
ssoc
iatio
ns,
med
ia, R
egio
nal
Aar
hus c
ente
rs.
2015
2012
2015
Nat
iona
l cov
erag
e pr
ovid
ed b
y th
e ne
twor
k of
m
onito
ring
stat
ions
; Num
ber a
nd p
erce
ntag
e of
en
viro
nmen
tal i
nfor
mat
ion
that
is m
onito
red.
Num
ber o
f int
erna
tiona
l bio
dive
rsity
in
dica
tors
app
lied.
19.
Esta
blis
h an
d im
prov
e EP
SR w
ithin
al
l loc
al g
over
nmen
t uni
tsFi
naliz
e de
velo
pmen
t of t
he E
PSR
with
in
all l
ocal
gov
ernm
ent u
nits
.D
efi n
e re
latio
nshi
p an
d en
sure
har
mon
izat
ion
betw
een
loca
l EPS
R an
d th
e na
tiona
l EPS
R, a
nd
esta
blis
h effi
cie
nt n
etw
orki
ng sy
stem
s.Pr
ovid
e fu
ll pu
blic
acc
ess t
o al
l loc
al E
PSR
on th
e In
tern
et.
- LG
- SEP
A- L
G
LG, S
EPA
, MEM
SP,
MH
MRP
ALS
G, F
EP,
SCTM
, NIT
IA, M
CIIS
2014
Num
ber o
f loc
al g
over
nmen
t uni
ts
that
hav
e fu
lly d
evel
oped
EPS
RLe
vel o
f har
mon
izat
ion
and
data
exc
hang
e am
ong
loca
l EPS
R an
d be
twee
n lo
cal a
nd n
atio
nal E
PSR
Num
ber o
f loc
al E
PSR
that
are
fully
ac
cess
ible
on
the
Inte
rnet
.
86
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r
20.
Impr
ove
data
mai
nten
ance
, inf
orm
atio
n di
ssem
inat
ion
and
repo
rtin
g w
ithin
al
l loc
al g
over
nmen
t uni
ts.
Cond
uct a
n an
alys
is o
f the
gap
s and
nee
ds
with
in lo
cal g
over
nmen
t ins
titut
ions
, reg
ardi
ng
thei
r abi
lity
to d
eal w
ith th
ese
issu
es.
Dev
elop
and
impl
emen
t spe
cifi c
trai
ning
and
cap
acity
bu
ildin
g pr
ogra
mm
es fo
r loc
al g
over
nmen
t ins
titut
ions
, ac
cord
ing
to th
e an
alys
is o
f gap
s and
nee
ds.
Dev
elop
ade
quat
e In
tern
et p
rese
ntat
ions
of a
ll lo
cal g
over
nmen
t uni
ts th
at w
ould
ena
ble
effi c
ient
pr
ovis
ion
of e
nviro
nmen
tal i
nfor
mat
ion.
Insp
ecto
rate
s sho
uld
cont
inue
to im
pose
stric
ter a
nd
mor
e effi
cie
nt c
ontr
ol o
f inf
orm
atio
n m
aint
enan
ce,
info
rmat
ion
diss
emin
atio
n an
d re
port
ing
by th
e re
spon
sibl
e lo
cal g
over
nmen
t ins
titut
ions
.
MEM
SP,
MEM
SP, L
G,
MEM
SP
LG, M
EMSP
, M
HM
RPA
LSG
, SEP
A,
FEP,
SCTM
, NIT
IA,
MCI
IS, a
ssoc
iatio
ns,
med
ia, R
egio
nal
Aar
hus c
ente
rs.
2014
Repo
rts o
n ga
p an
alys
is, tr
aini
ng a
nd
capa
city
bui
ldin
g pr
ojec
ts a
re p
ublis
hed.
Num
ber o
f loc
al g
over
nmen
t uni
ts th
at h
ave
esta
blis
hed
effi c
ient
dat
a m
aint
enan
ce, i
nfor
mat
ion
diss
emin
atio
n an
d re
port
ing
syst
ems.
21.
Impr
ove
activ
e en
viro
nmen
tal
info
rmat
ion
diss
emin
atio
n to
the
publ
ic
by p
rivat
e an
d pu
blic
ent
erpr
ises
.
Intr
oduc
e ad
equa
te st
imul
atio
n sy
stem
s (e.
g. th
roug
h ta
xatio
n be
nefi t
s, ec
o-la
belli
ng a
nd e
co-a
uditi
ng) t
hat w
ould
en
cour
age
activ
e en
viro
nmen
tal i
nfor
mat
ion
diss
emin
atio
n to
the
publ
ic b
y pr
ivat
e an
d pu
blic
ent
erpr
ises
.
MEM
SPM
F, M
ATFW
M, I
SS, A
BS,
asso
ciat
ions
, med
ia,
regi
onal
Aar
hus c
ente
rs
2014
Num
ber o
f enf
orce
d st
imul
atio
n m
echa
nism
sN
umbe
r of p
rivat
e an
d pu
blic
ent
erpr
ises
th
at h
ave
esta
blis
hed
effi c
ient
info
rmat
ion
diss
emin
atio
n m
echa
nism
s.EM
AS
or IS
O 1
4000
stan
dard
s
22.
Impr
ove
avai
labi
lity
of a
ll re
leva
nt
docu
men
ts o
n th
e In
tern
et.
- Mak
e co
mpl
ete
natio
nal e
nviro
nmen
tal l
egis
latio
n av
aila
ble
on th
e In
tern
et, a
s wel
l as a
ll re
leva
nt st
rate
gic
docu
men
ts, p
lans
, pro
gram
mes
, and
agr
eem
ents
.- M
ake
all i
nter
natio
nal t
reat
ies,
conv
entio
ns, a
gree
men
ts
and
othe
r rel
evan
t int
erna
tiona
l doc
umen
ts, i
nclu
ding
re
leva
nt E
U le
gisl
atio
n, a
vaila
ble
on th
e In
tern
et.
- Im
prov
e th
e av
aila
bilit
y on
the
Inte
rnet
of a
ll re
port
s and
in
form
atio
n on
the
deal
ings
of p
ublic
aut
horit
ies w
ith th
e en
viro
nmen
t, as
wel
l as o
f the
fact
s and
ana
lyse
s of f
acts
im
port
ant i
n fra
min
g m
ajor
env
ironm
enta
l pol
icy
prop
osal
s.- E
nsur
e th
at a
ll da
taba
ses w
ith re
leva
nt d
ocum
ents
ar
e sy
stem
atic
ally
pre
sent
ed, r
egul
arly
upd
ated
, use
r-fri
endl
y, w
ith a
dequ
ate
refe
renc
es a
nd v
alid
atio
n of
dat
a re
liabi
lity
(repr
esen
ting
info
rmat
ion
on e
nviro
nmen
t qu
ality
, fac
tors
whi
ch in
fl uen
ce it
, hea
lth a
nd sa
fety
)
MEM
SPN
A a
nd a
ll ot
her p
ublic
au
thor
ities
hol
ding
or
bein
g re
spon
sibl
e fo
r re
leva
nt d
ocum
ents
, as
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs.
2012
Tota
l num
ber a
nd th
e pe
rcen
tage
of n
atio
nal l
egal
an
d st
rate
gic
docu
men
ts, p
lans
, pro
gram
mes
, an
d ag
reem
ents
that
are
ava
ilabl
e on
the
Inte
rnet
; da
tes o
f the
ir pl
acem
ent o
n th
e In
tern
et.
Tota
l num
ber a
nd th
e pe
rcen
tage
of
inte
rnat
iona
l tre
atie
s, co
nven
tions
, agr
eem
ents
an
d ot
her r
elev
ant i
nter
natio
nal d
ocum
ents
th
at a
re a
vaila
ble
on th
e In
tern
et; d
ates
of
thei
r pla
cem
ent o
n th
e In
tern
et.
Tota
l num
ber a
nd th
e pe
rcen
tage
of r
epor
ts
and
info
rmat
ion
on th
e de
alin
gs o
f pub
lic
auth
oriti
es w
ith th
e en
viro
nmen
t, as
wel
l as
of th
e fa
cts a
nd a
naly
ses o
f fac
ts im
port
ant
in fo
rmul
atin
g m
ajor
env
ironm
enta
l pol
icy
prop
osal
s tha
t are
ava
ilabl
e on
the
Inte
rnet
, an
d th
e le
vel o
f reg
ular
ity o
f the
ir pu
blis
hing
.
23.
Prov
ide
regu
lar p
ublic
atio
n of
the
repo
rts.
Esta
blis
h effi
cie
nt sy
stem
of r
epor
ting
on th
e st
ate
of th
e en
viro
nmen
t (re
vise
fre
quen
cy o
f int
egra
ted
repo
rts,
and
supp
lem
ent w
ith y
early
indi
cato
r rep
orts
an
d ot
her t
ypes
of r
epor
ts o
r con
tinuo
usly
up
date
d on
-line
dat
a-in
dica
tors
(see
pr
actic
e EE
A a
nd o
ther
cou
ntrie
s)
SEPA
shou
ld c
ontin
ue to
dev
elop
and
pub
lish
annu
al N
atio
nal E
nviro
nmen
tal r
epor
ts.
Esta
blis
h re
gula
r pub
licat
ion
of E
nviro
nmen
tal
repo
rts b
y lo
cal g
over
nmen
t uni
ts.
Prov
ide
and
impl
emen
t eff e
ctiv
e da
ta v
alid
atio
n fo
r in
form
atio
n pu
blis
hed
in E
nviro
nmen
tal r
epor
ts.
All
stat
e au
thor
ities
shou
ld re
gula
rly p
ublis
h D
irect
orie
s co
ntai
ning
key
fact
s abo
ut th
eir o
pera
tions
.
SEPA
, LG
, M
EMSP
, CI
PIPD
P
MEM
SP, M
HM
RPA
LSG
, SE
PA, a
ssoc
iatio
ns,
med
ia, R
egio
nal
Aar
hus c
ente
rs
Ann
ually
, pe
rman
ently
Nat
iona
l Env
ironm
enta
l rep
orts
are
pub
lishe
d, a
s w
ell a
s ind
icat
or re
port
s and
oth
er re
leva
nt re
port
sTo
tal n
umbe
r of l
ocal
gov
ernm
ent u
nits
that
re
gula
rly p
ublis
h lo
cal E
nviro
nmen
tal r
epor
ts.
Tota
l num
ber o
f sta
te a
utho
ritie
s tha
t reg
ular
ly
publ
ish
Dire
ctor
ies;
perc
enta
ge o
f pub
lishe
d D
irect
orie
s tha
t are
pro
vidi
ng su
ffi ci
ent
info
rmat
ion
in a
ccor
danc
e w
ith le
gal p
rovi
sion
s.
Awar
enes
s rai
sing
87
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r
24.
Impr
ove
awar
enes
s of t
he g
ener
al
publ
ic, p
ublic
aut
horit
ies a
nd o
ther
st
akeh
olde
rs re
gard
ing
the
prov
isio
ns o
f th
e A
arhu
s Con
vent
ion
and
the
LFA
IPI.
Cond
uct a
dequ
ate
awar
enes
s rai
sing
pro
gram
mes
an
d ac
tiviti
es, f
or e
xam
ple
cam
paig
ns.
MEM
SP,
CIPI
PDP
LG, a
ssoc
iatio
ns, m
edia
, ot
her s
take
hold
ers,
regi
onal
Aar
hus c
ente
rs
2012
Proj
ect r
epor
ts a
re p
ublis
hed.
Publ
ic a
war
enes
s lev
el (e
stim
ated
thro
ugh
surv
eys a
s a p
erce
ntag
e of
gen
eral
pop
ulat
ion
that
is su
ffi ci
ently
fam
iliar
with
the
prov
isio
ns
of th
e A
arhu
s Con
vent
ion
and
the
LFA
IPI).
Awar
enes
s lev
el w
ithin
rele
vant
pub
lic a
utho
ritie
s.
25.
Impr
ove
the
awar
enes
s of t
he
publ
ic re
gard
ing
thei
r rig
ht to
fre
e ac
cess
to in
form
atio
n an
d pr
oced
ures
for o
btai
ning
it.
Cond
uct a
dequ
ate
awar
enes
s rai
sing
pr
ogra
mm
es a
nd a
ctiv
ities
.M
EMSP
, CI
PIPD
PLG
, ass
ocia
tions
, m
edia
, Reg
iona
l A
arhu
s cen
ters
2012
Proj
ect r
epor
ts a
re p
ublis
hed.
Publ
ic a
war
enes
s lev
el (e
stim
ated
thro
ugh
surv
eys
as a
per
cent
age
of g
ener
al p
opul
atio
n th
at is
su
ffi ci
ently
fam
iliar
with
thei
r rig
ht to
free
acc
ess
to in
form
atio
n an
d pr
oced
ures
for o
btai
ning
it).
26.
Impr
ove
the
awar
enes
s of t
he p
ublic
re
gard
ing
the
natio
nal e
co-la
belli
ng,
eco-
audi
ting
and
orga
nic
food
labe
lling
fra
mew
orks
, and
cer
tifi c
atio
n sy
stem
s.
Cond
uct a
dequ
ate
awar
enes
s rai
sing
pr
ogra
mm
es a
nd a
ctiv
ities
.M
EMSP
, M
ATFW
MIS
S, A
BS, L
G,
asso
ciat
ions
, med
ia,
regi
onal
Aar
hus c
ente
rs
2012
Proj
ect r
epor
ts a
re p
ublis
hed.
Publ
ic a
war
enes
s lev
el (e
stim
ated
thro
ugh
surv
eys a
s a p
erce
ntag
e of
gen
eral
pop
ulat
ion
that
is su
ffi ci
ently
fam
iliar
with
the
natio
nal
eco-
labe
lling
, eco
-aud
iting
and
org
anic
fo
od la
belli
ng fr
amew
orks
, and
cer
tifi c
atio
n sy
stem
s, an
d th
eir i
mpo
rtan
ce).
88
4.3.
3 Ac
tions
and
Initi
ativ
es fo
r Pub
lic P
artic
ipat
ion
in E
nviro
nmen
tal m
atte
rs
Ta
ble
C.3
: Ac
tio
n a
nd
init
iati
ve
s fo
r p
ub
lic
pa
rtic
ipa
tio
n in
en
vir
on
me
nta
l ma
tte
rs
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r(H
ow
yo
u c
an
me
asu
re /
de
mo
nst
rate
th
at
an
a
cti
on
is c
om
ple
te o
r p
rog
ress
ed
)
Legi
slat
ion
and
proc
edur
es
1.D
evel
op a
n Ac
tion
Plan
for a
ssoc
iatio
ns
for I
mpl
emen
ting
the
Aar
hus C
onve
ntio
n an
d su
ppor
t its
impl
emen
tatio
n..
This
Act
ion
Plan
is p
repa
red
with
ass
ocia
tions
in
volv
emen
t in
the
early
stag
e of
pre
para
tion.
Asso
ciat
ions
, re
gion
al
Aar
hus
cent
ers.
MEM
SPAf
ter a
dopt
ion
of th
e St
rate
gyAc
tion
Plan
for a
ssoc
iatio
ns p
ublis
hed.
2.Im
prov
e th
e Im
plem
enta
tion
fram
ewor
k an
d pr
oced
ures
for a
dequ
ate
impl
emen
tatio
n of
pub
lic p
artic
ipat
ion
in th
e co
ntex
t of n
atio
nal a
nd
tran
sbou
ndar
y ac
tiviti
es, w
hen
need
ed.
Esta
blis
h lin
ks to
EU
regu
latio
ns, l
egis
latio
n an
d pr
oced
ures
, as w
ell a
s with
inte
rnat
iona
l agr
eem
ents
.M
EMSP
Asso
ciat
ions
, Reg
iona
l A
arhu
s cen
ters
, oth
er
rele
vant
min
istr
ies.
2015
By-la
w p
ublis
hed
toge
ther
with
re
leva
nt d
ocum
ents
.
3.Im
prov
e m
onito
ring
mec
hani
sms
for p
ublic
par
ticip
atio
n.Es
tabl
ish
links
to E
U re
gula
tions
, leg
isla
tion
and
proc
edur
es, a
s wel
l as M
EAs.
MEM
SPAs
soci
atio
ns,
othe
r rel
evan
t in
stitu
tions
, reg
iona
l A
arhu
s cen
ters
..
2015
By-la
ws p
ublis
hed
alon
g w
ith
othe
r rel
evan
t doc
umen
ts.
4.Im
prov
e di
alog
ue b
etw
een
the
publ
ic a
nd d
ecis
ion
mak
ers;
enha
nce
dial
ogue
inst
rum
ents
(joi
nt
dele
gatio
ns, t
eam
s, he
arin
gs).
Esta
blis
h lin
ks to
EU
regu
latio
ns, l
egis
latio
n an
d pr
oced
ures
, as w
ell a
s MEA
s.M
EMSP
Asso
ciat
ions
, Reg
iona
l A
arhu
s cen
ters
, oth
er
rele
vant
min
istr
ies
and
inst
itutio
ns.
2015
Am
endm
ents
to b
y-la
ws p
ublis
hed;
the
num
ber
of a
ssoc
iatio
ns in
offi
cial
del
egat
ions
, tea
ms,
hear
ings
, rel
evan
t doc
umen
ts p
ublis
hed.
5.H
arm
oniz
e le
gal r
equi
rem
ents
re
late
d to
pub
lic p
artic
ipat
ion
with
the
Aar
hus C
onve
ntio
n.
Esta
blis
h lin
k to
EU
regu
latio
ns, l
egis
latio
n an
d pr
oced
ures
, as
wel
l as i
nter
natio
nal a
gree
men
ts, i
nclu
ding
but
not
lim
ited
to h
arm
oniz
ing
the
EIA
and
Aar
hus C
onve
ntio
n lis
ts.
MEM
SPO
ther
rele
vant
m
inis
trie
s and
in
stitu
tions
.
2015
Am
endm
ents
to la
ws a
nd b
y-la
ws p
ublis
hed.
6.H
arm
oniz
e im
plem
enta
tion
of th
e re
leva
nt E
U A
cces
sion
requ
irem
ents
an
d im
plem
enta
tion
of M
EAs.
Esta
blis
h pr
oced
ures
and
con
duct
ana
lyse
sM
EMSP
Asso
ciat
ions
, Reg
iona
l A
arhu
s cen
ters
, oth
er
rele
vant
min
istr
ies
and
inst
itutio
ns.
2015
2012
(a
naly
ses)
App
rove
d pr
oced
ures
, pos
sibl
e by
-law
s, re
leva
nt d
ocum
ents
pub
lishe
d.
7.D
evel
opm
ent o
f pra
ctic
al m
echa
nism
s fo
r Tra
nsbo
unda
ry E
IA.
Dev
elop
pro
cedu
res
MEM
SPO
ther
rele
vant
m
inis
trie
s and
in
stitu
tions
.
2013
By-la
ws p
ublis
hed
toge
ther
with
re
leva
nt d
ocum
ents
.
8.D
evel
op p
erfo
rman
ce a
nd q
ualit
y st
anda
rds o
f pub
lic p
artic
ipat
ion.
Dev
elop
pro
cedu
res
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs, o
ther
re
leva
nt m
inis
trie
s an
d in
stitu
tions
.
2015
App
rove
d pr
oced
ures
, rel
evan
t do
cum
ents
pub
lishe
d.
9.Ev
alua
te th
e ra
te a
t whi
ch d
ecis
ion
mak
ers
reco
gniz
e th
e ro
le, v
alue
and
sign
ifi ca
nce
of a
ssoc
iatio
ns a
nd o
ther
ass
ocia
tions
.
Dev
elop
eva
luat
ion/
asse
ssm
ent
MEM
SP/
asso
ciat
ions
Oth
er re
leva
nt
min
istr
ies a
nd
inst
itutio
ns.
2013
App
rove
d as
sess
men
t, re
leva
nt
docu
men
ts p
ublis
hed.
89
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r(H
ow
yo
u c
an
me
asu
re /
de
mo
nst
rate
th
at
an
a
cti
on
is c
om
ple
te o
r p
rog
ress
ed
)
10.
Stre
ngth
en in
ter-
sect
oral
and
cro
ss le
vel
coop
erat
ion
(nat
iona
l, pr
ovin
cial
and
lo
cal),
rela
ted
to p
ublic
par
ticip
atio
n
Dev
elop
pro
cedu
res
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs, o
ther
re
leva
nt m
inis
trie
s an
d in
stitu
tions
.
2012
App
rove
d pr
oced
ures
, pos
sibl
e by
-law
s, re
leva
nt d
ocum
ents
pub
lishe
d.
11.
Dev
elop
pro
per b
udge
ting
to
supp
ort p
ublic
par
ticip
atio
n.Ev
alua
te n
eeds
and
dev
elop
pro
cedu
reM
EMSP
, lo
cal s
elf
gove
rnm
ent
units
Asso
ciat
ions
, Reg
iona
l A
arhu
s cen
ters
, oth
er
rele
vant
min
istr
ies
and
inst
itutio
ns.
Imm
edia
tely
af
ter a
dopt
ion
of th
e St
rate
gy
Fund
s pro
vide
d in
the
budg
et fo
r ass
ocia
tions
12.
Impr
ove
the
trus
t of c
itize
ns w
ith
rega
rds t
o en
viro
nmen
tal i
nfor
mat
ion.
Impr
ovem
ent o
f pro
cedu
res f
or p
rovi
ding
tr
ansp
aren
cy a
nd c
itize
n-or
ient
ed a
dmin
istr
ativ
e pr
actic
e w
hen
deal
ing
with
env
ironm
enta
l iss
ues.
Cond
uct a
pub
lic o
pini
on p
oll r
egar
ding
the
info
rmat
ion
and
guid
elin
es a
vaila
ble
on th
e In
tern
et a
nd c
ompl
aint
s rel
ated
to th
e is
sue.
Asso
ciat
ions
, Re
gion
al
Aar
hus c
ente
r.
MEM
SP, o
ther
re
leva
nt m
inis
trie
s an
d in
stitu
tions
.
2012
App
rove
d pr
oced
ures
, rel
evan
t do
cum
ents
pub
lishe
d.Pu
blic
surv
ey c
arrie
d ou
t reg
ardi
ng in
form
atio
n an
d gu
idel
ines
pub
lishe
d on
the
web
and
co
mpl
aint
s rel
ated
to th
e is
sue
(crit
eria
defi
ned
)
13.
Esta
blis
h m
echa
nism
s for
info
rmin
g th
e pu
blic
abo
ut d
ecis
ions
rela
ted
to
envi
ronm
enta
l act
iviti
es a
nd p
rogr
amm
es
Impr
ove
mec
hani
sms a
nd se
t-up
of t
his a
rea.
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs
and
inst
itutio
ns.
2012
-201
3Re
leva
nt d
ocum
ents
pub
lishe
d, p
ossi
ble
by-la
w.
14.
Upg
rade
and
impr
ove
lega
l bas
is
and
proc
edur
es (a
lso
dete
rmin
e pr
oper
com
pete
nt a
utho
rity)
for
impl
emen
tatio
n of
SEA
in th
e re
alm
of
stra
tegi
es, a
nd a
ctio
n pl
ans i
n en
ergy
, tr
ansp
ort,
agric
ultu
re, f
ores
try,
hun
ting,
in
dust
ry, w
aste
man
agem
ent,
wat
er
man
agem
ent,
tele
com
mun
icat
ions
, to
uris
m, n
atur
al h
abita
ts a
nd w
ild
fl ora
and
faun
a pr
otec
tion.
Dev
elop
SEA
am
endm
ents
, cha
nges
to o
ther
law
s an
d by
-law
s in
acco
rdan
ce w
ith E
U d
irect
ives
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs, o
ther
re
leva
nt m
inis
trie
s an
d in
stitu
tions
.
2013
Law
/by-
law
s ado
pted
, rel
evan
t do
cum
ents
pub
lishe
d.
15.
Impr
ove
proc
edur
es fo
r pub
lic
part
icip
atio
n in
add
ress
ing
clim
ate
chan
ge a
nd it
s eff e
cts,
wat
er fr
amew
ork
dire
ctiv
e an
d ot
her r
elev
ant d
irect
ives
.
Dev
elop
law
/by-
law
s coh
eren
t with
the
EU re
quire
men
ts a
nd p
ract
ice.
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs, o
ther
re
leva
nt m
inis
trie
s an
d in
stitu
tions
.
2013
A
men
dmen
ts to
law
s and
by-
law
s cha
nges
ad
opte
d, re
leva
nt d
ocum
ents
pub
lishe
d.
16.
Faci
litat
e pu
blic
par
ticip
atio
n an
d de
velo
p ad
equa
te re
spon
ses.
Esta
blis
h pr
oced
ure.
MEM
SP/
Asso
ciat
ions
Oth
er re
leva
nt
min
istr
ies a
nd
inst
itutio
ns
2015
App
rove
d pr
oced
ure
rele
vant
do
cum
ents
pub
lishe
d.
17.
Dev
elop
tool
s for
pub
lic p
artic
ipat
ion
in p
repa
ring
law
s and
regu
latio
ns.
Esta
blis
h pr
oced
ure.
MEM
SP/
Asso
ciat
ions
Oth
er re
leva
nt
min
istr
ies a
nd
inst
itutio
ns.
Afte
r ado
ptio
n of
the
Stra
tegy
App
rove
d pr
oced
ure,
rele
vant
do
cum
ents
pub
lishe
d.
18.
Defi
ne
crite
ria fo
r det
erm
inin
g ac
tive
(repr
esen
tativ
e) a
ssoc
iatio
ns th
at d
eal
with
env
ironm
enta
l pro
tect
ion.
.
Defi
ne
crite
ria.
MEM
SP/
Asso
ciat
ions
Oth
er re
leva
nt
min
istr
ies a
nd
inst
itutio
ns.
2012
App
rove
d cr
iteria
, rel
evan
t doc
umen
ts p
ublis
hed.
90
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r(H
ow
yo
u c
an
me
asu
re /
de
mo
nst
rate
th
at
an
a
cti
on
is c
om
ple
te o
r p
rog
ress
ed
)
19.
Defi
ne
an in
stitu
tiona
l set
-up
(with
poi
nts
of c
onta
ct) f
or p
ublic
par
ticip
atio
n at
na
tiona
l, pr
ovin
cial
, city
and
mun
icip
ality
le
vel f
or E
IA a
nd IP
PC, t
rans
boun
dary
EI
A a
nd IP
PC d
ecis
ion
mak
ing.
Esta
blis
h pr
oced
ure/
org
anog
ram
.M
EMSP
Asso
ciat
ions
, Reg
iona
l A
arhu
s cen
ters
, oth
er
rele
vant
min
istr
ies
and
inst
itutio
ns
2015
App
rove
d or
gano
gram
, Rel
evan
t do
cum
ents
pub
lishe
d.To
tal n
umbe
r of p
ublic
aut
horit
ies t
hat
have
est
ablis
hed
cont
act p
oint
s and
staff
re
spon
sibl
e fo
r pub
lic p
artic
ipat
ion.
20.
Prep
are
legi
slat
ion
defi n
ing
proc
edur
es
whi
ch m
ust b
e fu
lly a
pplie
d du
ring
publ
ic
part
icip
atio
n in
EIA
and
IPPC
, defi
nin
g th
e ex
act i
nstit
utio
ns p
oint
s for
con
tact
.
Dev
elop
pro
cedu
res.
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs, o
ther
re
leva
nt m
inis
trie
s an
d in
stitu
tions
.
2015
Law
ado
pted
Tota
l num
ber o
f pub
lic a
utho
ritie
s tha
t ha
ve e
stab
lishe
d po
ints
of c
onta
ct.
21.
Dev
elop
crit
eria
and
stan
dard
s for
re
pres
enta
tive
asso
ciat
ions
, tha
t hav
e su
ffi ci
ent k
now
ledg
e an
d sk
ills f
or p
ublic
pa
rtic
ipat
ion
in E
IA (a
t diff
eren
t lev
els)
.
Dev
elop
lega
l pro
visi
ons
Iden
tify
key
repr
esen
tativ
e as
soci
atio
ns w
ith
capa
citie
s and
skill
s for
impl
emen
ting
EIA
pub
lic
part
icip
atio
n (w
ith su
ppor
t to
thos
e as
soci
atio
ns.
MEM
SP/
Asso
ciat
ions
Oth
er re
leva
nt
min
istr
ies a
nd
inst
itutio
ns.
2015
Law
ado
pted
.Re
leva
nt d
ocum
ents
pub
lishe
d.
22.
Esta
blis
h a
proc
edur
e fo
r dev
elop
ing
a re
gist
ry o
f the
repr
esen
tativ
e as
soci
atio
ns a
t diff
eren
t lev
els;
prep
are
a di
rect
ory
of a
ctiv
e as
soci
atio
ns.
Esta
blis
h pr
oced
ure.
MEM
SP/
Asso
ciat
ions
Oth
er re
leva
nt
min
istr
ies a
nd
inst
itutio
ns.
2015
Proc
edur
e es
tabl
ishe
d, R
elev
ant d
ocum
ents
pu
blis
hed,
Dire
ctor
y of
ass
ocia
tions
pre
pare
d.
23.
Esta
blis
h pr
oced
ures
and
allo
cate
bu
dget
ary
fund
ing
(at n
atio
nal,
prov
inci
al,
city
and
mun
icip
al b
udge
t) fo
r lon
g-te
rm
supp
ort i
nten
ded
for r
epre
sent
ativ
es o
f ke
y as
soci
atio
ns in
ord
er to
ens
ure
publ
ic
part
icip
atio
n in
EIA
, edu
catio
n, p
rese
nce
of a
ssoc
iatio
ns re
pres
enta
tives
at t
he m
ost
rele
vant
mee
tings
rela
ted
to th
e A
arhu
s Co
nven
tion
(and
Aar
hus C
onve
ntio
n W
G),
rela
ted
inte
rnat
iona
l gat
herin
gs, i
nclu
sion
of
ass
ocia
tions
in o
ffi ci
al d
eleg
atio
ns
and
in re
latio
n to
EU
acc
essi
on.
Dev
elop
pro
cedu
re, a
lloca
te b
udge
tary
fund
ing.
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
r, ot
her
rele
vant
min
istr
ies
and
inst
itutio
ns.
2012
Proc
edur
e es
tabl
ishe
d.A
lloca
ted
fund
ing
for a
ssoc
iatio
ns.
The
num
ber o
f ass
ocia
tions
repr
esen
tativ
es
at fo
r a re
leva
nt fo
r the
impl
emen
tatio
n of
the
Aar
hus C
onve
ntio
n in
offi
cial
del
egat
ions
.
24.
Prov
ide
info
rmat
ion
to th
e pu
blic
re
gard
ing
proc
edur
es fo
r pub
lic
part
icip
atio
n th
roug
h si
mpl
e m
eans
of c
omm
unic
atio
n.
Dev
elop
pro
cedu
re.
Asso
ciat
ions
MEM
SP, N
GO
, Reg
iona
l A
arhu
s cen
ters
, oth
er
rele
vant
min
istr
ies
and
inst
itutio
ns.
2015
Proc
edur
es e
stab
lishe
d, re
leva
nt
docu
men
ts p
ublis
hed.
25.
Dev
elop
tool
s to
enco
urag
e an
d su
ppor
t coo
pera
tion
betw
een
natio
nal
and
regi
onal
ass
ocia
tions
in o
rder
to
impr
ove
thei
r cap
acity
and
abi
lity
for p
ublic
par
ticip
atio
n in
regi
onal
pr
ojec
ts, p
lans
and
act
iviti
es.
Dev
elop
tool
s, al
loca
te b
udge
tary
fund
ing.
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
r, ot
her
rele
vant
min
istr
ies
and
inst
itutio
ns.
2015
Rele
vant
doc
umen
ts p
ublis
hed.
Fund
s allo
cate
d in
the
budg
et.
Num
ber o
f act
iviti
es th
at e
mer
ged
as a
resu
lt of
coo
pera
tion.
91
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r(H
ow
yo
u c
an
me
asu
re /
de
mo
nst
rate
th
at
an
a
cti
on
is c
om
ple
te o
r p
rog
ress
ed
)
26.
Dev
elop
inst
rum
ents
for e
ff ect
ive
impl
emen
tatio
n of
pub
lic p
artic
ipat
ion
rela
ted
to e
nviro
nmen
tal h
ealth
impa
ct
(env
ironm
enta
l hea
lth in
dica
tors
, m
onito
ring
tool
s, in
form
atio
n ch
ain,
etc
.).
Dev
elop
tool
s, al
loca
te b
udge
t.M
EMSP
/MH
Asso
ciat
ions
, Reg
iona
l A
arhu
s cen
ters
, oth
er
rele
vant
min
istr
ies
and
inst
itutio
ns.
2015
Rele
vant
doc
umen
ts p
ublis
hed.
Allo
cate
d bu
dget
ary
fund
ing.
Num
ber o
f pub
lic p
artic
ipat
ion
case
s rel
ated
to
the
impa
ct o
f the
env
ironm
ent o
n he
alth
.
27.
Dev
elop
tool
s for
pub
lic p
artic
ipat
ion.
Dev
elop
tool
s.As
soci
atio
nsM
EMSP
, Reg
iona
l A
arhu
s cen
ter
2012
App
rove
d to
ols,
rele
vant
doc
umen
ts p
ublis
hed.
Use
of t
ools
in p
ract
ice.
28.
Dev
elop
lega
l pro
visi
ons f
or p
ublic
pa
rtic
ipat
ion
in d
raft
ing
by-la
ws.
Dev
elop
lega
l pro
visi
ons.
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs, o
ther
re
leva
nt m
inis
trie
s.
2012
Rele
vant
lega
l pro
visi
ons a
nd
docu
men
ts p
ublis
hed.
29.
Esta
blis
h ha
rmon
izes
rule
s and
pr
oced
ures
for p
ublic
con
sulta
tions
ina)
env
ironm
enta
l sec
tor,
b) o
ther
env
ironm
enta
lly--r
elat
ed se
ctor
s
Esta
blis
h ru
les a
nd p
roce
dure
s.M
EMSP
, as
soci
atio
ns,
Regi
onal
A
arhu
s cen
ter
Oth
er re
leva
nt
min
istr
ies.
2015
Rule
s and
pro
cedu
res e
stab
lishe
d.Re
leva
nt d
ocum
ents
pub
lishe
d.
30.
Asse
ss th
e pr
actic
al im
plem
enta
tion
of
publ
ic p
artic
ipat
ion
in e
nviro
nmen
tal
issu
es a
nd re
late
d pr
actic
es w
ith
resp
ect t
o th
e re
cogn
ition
and
ap
plic
atio
n of
con
trib
utio
ns g
iven
by
the
publ
ic a
nd a
ssoc
iatio
ns.
Dev
elop
ass
essm
ent.
Asso
ciat
ions
, M
EMSP
, Re
gion
al
Aar
hus c
ente
rs
Oth
er re
leva
nt
inst
itutio
ns.
2015
Rele
vant
doc
umen
ts-r
epor
ts p
ublis
hed.
Eval
uatio
n cr
iteria
est
ablis
hed.
Educ
atio
n, tr
aini
ng, c
apac
ity b
uild
ing
31.
Dev
elop
cur
ricul
a fo
r env
ironm
enta
l ed
ucat
ion
and
trai
ning
s, re
leva
nt
to p
ublic
par
ticip
atio
n.
Eval
uate
exi
stin
g cu
rric
ula
and
cond
uct a
nee
ds a
sses
smen
t.D
evel
op c
urric
ula
Asso
ciat
ions
, hi
gher
ed
ucat
ion
inst
itutio
ns,
Regi
onal
A
arhu
s cen
ters
MEM
SP, A
ll st
akeh
olde
rs m
edia
.20
12 p
roje
ct
desi
gn a
nd
allo
catio
n of
fund
s,20
12 o
nwar
ds
Rele
vant
doc
umen
ts p
ublis
hed.
Prog
ram
me
prep
ared
and
ado
pted
.
32.
Supp
ort t
o en
viro
nmen
tal c
ivil
soci
ety
orga
niza
tions
by
prov
idin
g tr
aini
ngs a
nd e
duca
tiona
l cou
rses
re
late
d to
pub
lic p
artic
ipat
ion.
Allo
cate
bud
geta
ry fu
nds.
Prep
are
prog
ram
(see
act
ivity
31)
MEM
SP,
asso
ciat
ions
, Re
gion
al
Aar
hus c
ente
rs
Oth
ers
2012
, co
ntin
uous
ly
Allo
cate
d bu
dget
.N
umbe
r of s
uppo
rted
trai
ning
s im
plem
ente
d by
ass
ocia
tions
33.
Dev
elop
cap
acity
and
est
ablis
h m
echa
nism
s for
tran
sbou
ndar
y EI
A.
Dev
elop
cap
aciti
es a
nd e
stab
lish
mec
hani
sms.
MEM
SPO
ther
s20
15Ca
paci
ties d
evel
oped
. Mec
hani
sms e
stab
lishe
d.Re
leva
nt d
ocum
ents
pub
lishe
d.
34.
Stre
ngth
en th
e ca
paci
ty to
legi
slat
ion
of c
ompe
tent
aut
horit
ies.
Stre
ngth
en c
apac
ities
..M
EMSP
Oth
ers
2015
Capa
citie
s str
engt
hene
d.
35.
Stra
ight
en lo
cal c
apac
ities
for
envi
ronm
enta
l pro
tect
ion.
Stre
ngth
en lo
cal c
apac
ities
.Lo
cal
auth
oriti
esO
ther
s20
15Lo
cal c
apac
ities
stre
ngth
ened
.
36.
Supp
ort c
onsu
mer
org
aniz
atio
ns,
and
eco-
cons
umer
org
aniz
atio
ns.
Allo
cate
bud
get.
Com
pete
nt
min
istr
ies
Oth
ers
2015
Fund
s allo
cate
d in
the
budg
et.
92
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r(H
ow
yo
u c
an
me
asu
re /
de
mo
nst
rate
th
at
an
a
cti
on
is c
om
ple
te o
r p
rog
ress
ed
)
37.
Supp
ort e
duca
tion
for p
ublic
pa
rtic
ipat
ion
in a
ddre
ssin
g cl
imat
e ch
ange
issu
es a
nd it
s eff e
cts.
Allo
cate
bud
get.
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs, o
ther
s20
15Fu
nds a
lloca
ted
in th
e bu
dget
.N
umbe
r of s
uppo
rted
ass
ocia
tions
with
pub
lic
part
icip
atio
n kn
owle
dge
and
skill
s (va
rious
leve
ls).
38.
Supp
ort c
ours
es (a
s par
t of f
orm
al
or in
form
al e
duca
tion)
rela
ted
to to
ols f
or p
ublic
par
ticip
atio
n in
dec
isio
n m
akin
g pr
oces
s.
Dev
elop
a la
w o
n in
form
al (e
nviro
nmen
tal)
educ
atio
n.Ed
ucat
ion.
Min
istr
y of
Ed
ucat
ion
and
Scie
nce
Oth
ers
2012
Law
on
info
rmal
edu
catio
n ad
opte
d.N
umbe
r of c
ours
es su
ppor
ted.
Awar
enes
s rai
sing
39.
Supp
ort c
ivil
soci
ety
orga
niza
tions
de
alin
g w
ith e
nviro
nmen
tal
prot
ectio
n to
dev
elop
aw
aren
ess
for p
ublic
par
ticip
atio
n ac
tiviti
es.
Impl
emen
t rel
evan
t pro
gram
s and
act
iviti
es
aim
ed a
t rai
sing
aw
aren
ess.
MEM
SP,
asso
ciat
ions
, Re
gion
al
Aar
hus c
ente
rs
2012
Proj
ect r
epor
ts p
ublis
hed.
Leve
l of p
ublic
aw
aren
ess (
estim
ated
thro
ugh
surv
eys a
s a p
erce
ntag
e of
the
gene
ral p
opul
atio
n).
40.
Supp
ort a
ctiv
ities
aim
ed a
t de
velo
ping
pub
lic a
war
enes
s and
re
late
d ad
voca
cy c
ampa
igns
.
Impl
emen
ting
rele
vant
pro
gram
s and
ac
tiviti
es ta
rget
ed a
t rai
sing
aw
aren
ess..
MEM
SP,
asso
ciat
ions
, Re
gion
al
Aar
hus c
ente
rs
2012
Proj
ect r
epor
ts p
ublis
hed.
Leve
l of p
ublic
aw
aren
ess (
estim
ated
thro
ugh
surv
eys a
s a p
erce
ntag
e of
the
gene
ral p
opul
atio
n).
41.
Dev
elop
and
dis
sem
inat
e in
form
atio
n in
tend
ed fo
r the
pub
lic re
gard
ing
proc
edur
es fo
r par
ticip
atio
n th
roug
h si
mpl
e m
eans
of c
omm
unic
atio
n.
Cond
uct a
dequ
ate
awar
enes
s rai
sing
pr
ogra
mm
es a
nd a
ctiv
ities
.M
EMSP
, as
soci
atio
ns,
Regi
onal
A
arhu
s cen
ters
Oth
ers
2012
Pr
ojec
t rep
orts
pub
lishe
d.Le
vel o
f pub
lic a
war
enes
s (es
timat
ed th
roug
h su
rvey
s as a
per
cent
age
of th
e ge
nera
l pop
ulat
ion)
.
93
4.3.
4 Ac
tions
and
Initi
ativ
es fo
r Acc
ess t
o Ju
stic
e
Tab
le C
.4: A
cti
on
s a
nd
init
iati
ve
s fo
r a
cce
ss t
o j
ust
ice
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r(H
ow
yo
u c
an
me
asu
re /
de
mo
nst
rate
th
at
an
a
cti
on
is c
om
ple
te o
r p
rog
ress
ed
)
Legi
slat
ion
and
proc
edur
es
1.H
arm
oniz
e te
rmin
olog
y in
acc
orda
nce
with
the
Aar
hus C
onve
ntio
n an
d re
leva
nt
EU p
rovi
sion
s tha
t wou
ld b
e us
ed
in th
e en
tire
lega
l sys
tem
(the
sam
e de
fi niti
ons w
ith th
e sa
me
mea
ning
).
Dra
ftin
g le
gal p
rovi
sion
s (e.
g. n
ew L
EP).
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs20
12—
2013
Law
ado
pted
.
2.D
evel
op u
nifo
rm le
gal/n
orm
ativ
e fo
rms i
n th
e en
tire
lega
l sys
tem
of
acce
ss to
just
ice
in c
ases
rela
ted
to
acce
ss to
env
ironm
enta
l inf
orm
atio
n an
d pu
blic
par
ticip
atio
n, w
hich
shou
ld
be fu
lly h
arm
oniz
ed w
ith th
e A
arhu
s Co
nven
tion
and
rele
vant
EU
pro
visi
ons.
Impl
emen
t a sy
stem
atic
(in-
dept
h) a
naly
sis (
revi
ew) o
f al
l “ho
rizon
tal”
and
“sec
tora
l” le
gal p
rovi
sion
s rel
ated
to
envi
ronm
enta
l pro
tect
ion
(i.e.
law
s and
by-
law
s), w
hich
w
ould
lead
to th
e ad
optio
n of
a d
etai
led
plan
for d
evel
opin
g am
endm
ents
rela
ted
to e
nviro
nmen
tal p
rote
ctio
n;
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rsIm
med
iate
ly
afte
r ado
ptio
n of
the
Stra
tegy
Lega
l pro
visi
ons a
dopt
ed.
3.D
evel
op u
nifo
rm le
gal/n
orm
ativ
e fo
rms
in th
e en
tire
lega
l sys
tem
of a
cces
s to
just
ice
in c
ases
rela
ted
to c
halle
ngin
g th
e ac
ts a
nd o
mis
sion
s of p
rivat
e pe
rson
s or
pub
lic a
utho
ritie
s con
trav
enin
g pr
ovis
ions
rela
ting
to th
e en
viro
nmen
t.
Prec
edin
g an
alys
is (c
ombi
ned
with
act
ivity
num
ber 2
)M
EMSP
Asso
ciat
ions
, Reg
iona
l A
arhu
s cen
ters
Imm
edia
tely
af
ter a
dopt
ion
of th
e St
rate
gy
Lega
l pro
visi
ons a
dopt
ed.
4.Ad
ditio
nal a
naly
sis o
f am
endm
ents
from
20
10 (e
nfor
ced
afte
r 1 O
ctob
er 2
010;
i.e.
th
ose
not i
nclu
ded
in a
naly
ses c
arrie
d ou
t prio
r to
the
deve
lopm
ent o
f thi
s St
rate
gy a
nd b
y-la
ws a
dopt
ed th
erew
ith.
An
activ
ity su
pple
men
tary
to th
e ac
tivity
No.
2 a
bove
.M
EMSP
Asso
ciat
ions
, Reg
iona
l A
arhu
s cen
ters
Imm
edia
tely
af
ter a
dopt
ion
of th
e St
rate
gy
Repo
rt a
dopt
ed &
pub
lishe
d.Ac
tion
Plan
am
ende
d.
5.D
evel
op u
nifo
rm n
orm
ativ
e/le
gal f
orm
s in
all
envi
ronm
enta
l law
s in
the
Repu
blic
of
Ser
bia,
whi
ch re
gula
te a
cces
sing
just
ice
rela
ted
to a
cces
sing
env
ironm
enta
l in
form
atio
n, fu
lly h
arm
oniz
ed w
ith
Aar
hus C
onve
ntio
n pr
ovis
ions
.
Dra
ft a
ppro
pria
te e
nviro
nmen
tal l
egal
nor
ms r
elat
ed to
:- fi
rst d
egre
e de
cisi
ons;
- “si
lenc
e of
the
adm
inis
trat
ion”
;- p
relim
inar
y re
view
pro
cedu
re (c
ompl
aint
aga
inst
fi rs
t de
gree
dec
isio
n an
d ad
optio
n of
seco
nd d
egre
e de
cisi
ons)
;- c
ondi
tions
for a
cces
sing
just
ice
(if a
n ap
peal
ag
ains
t fi rs
t deg
ree
deci
sion
is n
ot p
erm
itted
).Ad
optio
n of
am
endm
ents
and
exe
cutiv
e le
gal i
nstr
umen
ts.
MEM
SPAs
soci
atio
ns, r
egio
nal
Aar
hus c
ente
rs.
2012
—20
13La
w a
dopt
ed.
94
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r(H
ow
yo
u c
an
me
asu
re /
de
mo
nst
rate
th
at
an
a
cti
on
is c
om
ple
te o
r p
rog
ress
ed
)
6.D
evel
op u
nifo
rm n
orm
ativ
e/le
gal f
orm
s in
all
envi
ronm
enta
l law
s in
the
Repu
blic
of
Ser
bia,
whi
ch re
gula
te a
cces
sing
ju
stic
e re
late
d to
pub
lic p
artic
ipat
ion
in d
ecis
ion-
mak
ing
proc
esse
s in
envi
ronm
enta
l iss
ues,
fully
har
mon
ized
w
ith A
arhu
s Con
vent
ion
prov
isio
ns.
Dra
ftin
g re
spec
tive
envi
ronm
enta
l le
gal n
orm
s whi
ch re
fer t
o:- fi
rst d
egre
e de
cisi
ons;
- “si
lenc
e of
adm
inis
trat
ion”
;- p
relim
inar
y re
view
pro
cedu
re (c
ompl
aint
aga
inst
fi rs
t de
gree
dec
isio
ns a
nd a
dopt
ion
of se
cond
deg
ree
deci
sion
s);
- con
ditio
ns fo
r acc
essi
ng ju
stic
e( w
hen
an a
ppea
l ag
ains
t fi rs
t deg
ree
deci
sion
is n
ot p
erm
itted
)Ad
optio
n of
am
endm
ents
and
exe
cutiv
e le
gal i
nstr
umen
ts.
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs20
12--2
013
Law
ado
pted
.
7.Es
tabl
ish
unifo
rm a
dmin
istr
ativ
e an
d ju
dici
al p
roce
dure
s for
all
envi
ronm
enta
l la
ws i
n th
e Re
publ
ic o
f Ser
bia,
whi
ch
wou
ld g
uara
ntee
the
publ
ic w
ith th
e le
gal r
ight
s to
chal
leng
e ac
ts a
nd
omis
sion
s of p
rivat
e pe
rson
s and
pu
blic
aut
horit
ies t
hat a
re in
con
tras
t to
prov
isio
ns re
late
d to
the
envi
ronm
ent.
Dra
ftin
g re
spec
tive
envi
ronm
enta
l leg
al n
orm
s rel
ated
to:
- fi rs
t deg
ree
deci
sion
s;- “
sile
nce
of a
dmin
istr
atio
n”;
- pre
limin
ary
revi
ew p
roce
dure
(com
plai
nts a
gain
st fi
rst
degr
ee d
ecis
ion
and
adop
ting
seco
nd d
egre
e de
cisi
ons)
;- c
ondi
tions
to a
cces
s jus
tice
(if a
n ap
peal
aga
inst
fi r
st d
egre
e de
cisi
on is
not
per
mitt
ed)
Adop
tion
of a
men
dmen
ts a
nd e
xecu
tive
lega
l ins
trum
ents
.
MEM
SPAs
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs.
2012
—20
14La
w a
dopt
ed.
8.D
raft
legi
slat
ion
esta
blis
hing
ap
prop
riate
mec
hani
sms,
whi
ch
wou
ld c
ontr
ibut
e to
the
rem
oval
or
redu
ctio
n of
fi na
ncia
l and
oth
er b
arrie
rs
to a
chie
ving
acc
ess t
o ju
stic
e.
Am
end
all t
he e
nviro
nmen
tal l
aws i
n or
der t
o pr
ovid
e:- t
he p
ublic
and
pub
lic c
once
rned
with
free
-of-
char
ge p
artic
ipat
ion
in a
dmin
istr
ativ
e pr
oced
ures
re
late
d to
acc
ess t
o en
viro
nmen
tal i
nfor
mat
ion
and
part
icip
atio
n in
dec
isio
n m
akin
g pr
oced
ures
;- fi
nan
cial
(and
oth
er) m
eans
of s
uppo
rt to
in
stitu
tiona
l ass
ista
nce
mec
hani
sms.
MEM
SPO
ther
rele
vant
m
inis
trie
s ad
bodi
es/a
utho
ritie
s, as
soci
atio
ns, R
egio
nal
Aar
hus c
ente
rs.
2012
—20
13La
w a
dopt
ed.
9.D
raft
legi
slat
ion
for e
stab
lishi
ng
mec
hani
sms f
or e
xcha
nge
of
info
rmat
ion
in re
latio
n to
the
Aar
hus
Conv
entio
n (a
t nat
iona
l lev
el).
Am
endm
ents
that
wou
ld e
nabl
e th
e es
tabl
ishm
ent
of su
ch a
mec
hani
sm, w
hich
wou
ld in
volv
e th
e M
EMSP
staff
, in
depe
nden
t exp
erts
, rep
rese
ntat
ives
of
ass
ocia
tions
, rep
rese
ntat
ives
of R
egio
nal
Aar
hus c
ente
rs a
nd o
ther
stak
ehol
ders
.
MEM
SPА
ssoc
iatio
ns, R
egio
nal
Aar
hus c
ente
rsAf
ter a
dopt
ion
of th
e St
rate
gyLe
gisl
atio
n ad
opte
d.
10.
Esta
blis
h in
stitu
tiona
l as
sist
ance
mec
hani
sms.
- Rem
oval
or r
educ
tion
of fi
nanc
ial a
nd
othe
r bar
riers
to a
cces
s to
just
ice.
- Wor
k in
coo
pera
tion
with
the
Com
mis
sion
er
for I
nfor
mat
ion
of P
ublic
Impo
rtan
ce
and
Pers
onal
Dat
a Pr
otec
tion.
- Act
ivity
at a
ll(le
vels
(sta
te, p
rovi
ncia
l and
LSG
).- S
uppo
rt to
stre
ngth
enin
g Re
gion
al
Aar
hus c
entr
es (a
t reg
iona
l lev
el);
- Sup
port
to st
reng
then
ing
capa
citie
s of
asso
ciat
ions
and
hig
her e
duca
tion
inst
itutio
ns
MEM
SPO
ther
rele
vant
m
inis
trie
s; as
soci
atio
ns;
high
er e
duca
tion
inst
itutio
ns.
2013
Inst
itutio
nal m
echa
nism
s in
plac
e,Su
stai
nabi
lity
ensu
red,
Web
site
(s) f
unct
ioni
ng,
Gui
delin
es p
ublis
hed.
11.
Esta
blis
h a
com
puls
ory
Aar
hus C
onve
ntio
n cl
eara
nce
mec
hani
sm (n
atio
nal l
evel
).- A
naly
ses o
f dra
ft e
nviro
nmen
tal l
egis
latio
n (la
ws
and
by-la
ws)
and
giv
ing
opin
ion
on th
eir a
ccor
danc
e w
ith th
e A
arhu
s Con
vent
ion
requ
irem
ents
.
MEM
SPO
ther
rele
vant
m
inis
trie
s; as
soci
atio
ns;
Hig
her e
duca
tion
inst
itutio
ns.
2013
Clea
ranc
e m
echa
nism
in p
lace
,Its
sust
aina
bilit
y en
sure
d,W
eb si
te in
ope
ratio
n,In
fo b
ookl
et p
ublis
hed.
95
Pro
po
sed
Ac
tio
nM
ile
sto
ne
Ta
sks
(Ke
y t
ask
s th
at
ne
ed
to
be
ca
rrie
d o
ut
to im
ple
me
nt
ac
tio
ns)
Re
spo
nsi
ble
in
stit
uti
on
Pa
rtn
ers
to
co
nsu
lt o
r e
ng
ag
eTa
rge
t D
ate
sS
ucc
ess
In
dic
ato
r(H
ow
yo
u c
an
me
asu
re /
de
mo
nst
rate
th
at
an
a
cti
on
is c
om
ple
te o
r p
rog
ress
ed
)
12.
Esta
blis
h a
syst
em o
f mon
itorin
g th
e co
mpl
ianc
e w
ith th
e A
arhu
s Con
vent
ion.
- Mon
itorin
g en
viro
nmen
tal l
egis
latio
n (a
nd o
ther
pr
ovis
ions
supp
ortin
g th
eir i
mpl
emen
tatio
n).
- Mon
itorin
g th
e pr
actic
al im
plem
enta
tion
of e
nviro
nmen
tal
legi
slat
ion
(at s
tate
, pro
vinc
ial a
nd L
SG le
vels
).
MEM
SPAs
soci
atio
ns;
Regi
onal
Aar
hus
cent
ers;
Prov
inci
al a
utho
ritie
s;LS
G(s
).
Afte
r ado
ptio
n of
the
Stra
tegy
Mon
itorin
g sy
stem
in p
lace
.Its
sust
aina
bilit
y en
sure
d.Co
llect
ion,
ver
ifi ca
tion
of re
liabi
lity
and
publ
icat
ion
of d
ata
are
regu
late
d;W
eb si
te in
ope
ratio
n;Fi
rst r
epor
t pub
lishe
d.
13.
Dev
elop
a c
ompr
ehen
sive
use
r-fri
endl
y ha
ndbo
ok fo
r acc
ess t
o ju
stic
e.
Dis
sem
inat
ion
of p
ract
ical
info
rmat
ion
rela
ted
to:
- gua
rant
eed
right
s;- u
se o
f ass
ista
nce
mec
hani
sms f
or
exer
cisi
ng th
e gu
aran
teed
righ
ts;
- app
licab
ility
and
ava
ilabi
lity
in th
e en
tire
terr
itory
of
the
Repu
blic
of S
erbi
a (s
tate
, pro
vinc
ial,
LSG
leve
ls).
MEM
SPAs
soci
atio
ns, r
egio
nal
Aar
hus c
ente
rsAf
ter a
dopt
ion
of th
e St
rate
gyH
andb
ook
publ
ishe
d (p
rinte
d ve
rsio
n;
avai
labl
e in
ele
ctro
nic
form
).H
andb
ook
dist
ribut
ed (i
n a
suffi
cien
t num
ber o
f co
pies
) am
ong
LSG
s and
pub
lishe
d on
web
site
s.
14.
Impr
ove
awar
enes
s am
ong
the
gene
ral
publ
ic a
nd p
ublic
aut
horit
ies (
part
icul
arly
at
loca
l lev
el a
nd a
ll le
vels
of t
he ju
dici
ary)
, w
ith re
gard
s to
prov
isio
ns o
f the
Aar
hus
Conv
entio
n an
d al
l asp
ects
of a
cces
s to
just
ice,
em
bedd
ed in
env
ironm
enta
l law
s.
Cond
uct a
dequ
ate
awar
enes
s rai
sing
pr
ogra
mm
es a
nd a
ctiv
ities
.M
EMSP
, CI
PIPD
PLG
, ass
ocia
tions
, Re
gion
al A
arhu
s ce
nter
s, pu
blic
new
s br
oadc
aste
rs.
Afte
r ado
ptio
n of
the
Stra
tegy
Plan
for i
mpl
emen
ting
prog
ram
s an
d ac
tiviti
es p
ublis
hed.
Info
rmat
ion
easi
ly a
vaila
ble.
Broa
d ad
vert
isin
g of
fort
hcom
ing
even
ts.
Perio
dica
l rep
orts
ado
pted
and
regu
larly
pu
blis
hed
and
dist
ribut
ed b
road
ly.
15.
Prov
ide
avai
labi
lity
of in
form
atio
n co
ncer
ning
the
Aar
hus C
onve
ntio
n re
quire
men
ts o
n ac
cess
to ju
stic
e an
d th
e co
rres
pond
ing
legi
slat
ion
in
the
Repu
blic
of S
erbi
a th
roug
h th
e offi
cia
l web
pag
e an
d on
web
pag
es o
f as
soci
atio
ns (s
ee g
ener
al a
ctiv
ity 1
)
Det
aile
d re
visi
on o
f the
offi
cial
web
site
, tak
ing
the
follo
win
g as
pect
s int
o co
nsid
erat
ion:
• use
r frie
ndlin
ess
• acc
essi
bilit
y;• p
rofe
ssio
nal d
esig
n;• a
ccur
acy
of in
form
atio
n.
MEM
SPRe
gion
al A
arhu
s cen
ter,
Afte
r ado
ptio
n of
the
Stra
tegy
Web
site
reco
nstr
ucte
d an
d or
gani
zed
in
a co
st-e
ff ect
ive,
use
r-fri
endl
y w
ay.
Web
-site
regu
larly
upd
ated
and
supp
lied
with
com
plet
e re
liabl
e an
d ea
sily
acc
essi
ble
and
unde
rsta
ndab
le in
form
atio
n.
97
ANNEXES
ANNEX 1
Access to environmental information - accordance with the Aarhus convention requirements, problems in implementation and gaps
ANNEX 2
Public participation - accordance with the Aarhus convention requirements, problems in implementation and gaps
ANNEX 3
Access to justice - accordance with the Aarhus convention requirements, problems in implementation and gaps
ANNEX 4
Institutions in the Republic of Serbia responsible for implementation of the Aarhus convention
ANNEX 5
Elements of the national environmental system which are available on the web and other databases relevant for implementation of Aarhus convention
ANNEX 6
Selected legal provisions on pollution registers, AC / PRTR protocol, EU and RS legal systems comparison
98
AN
NE
X 1
Acc
ess
to
En
vir
on
me
nta
l In
form
ati
on
- A
cco
rda
nce
wit
h t
he
Aa
rhu
s C
on
ve
nti
on
Re
qu
ire
me
nts
Tab
le A
nn
ex
1: A
cce
ss t
o e
nv
iro
nm
en
tal i
nfo
rma
tio
n-
acc
ord
an
ce w
ith
th
e A
arh
us
con
ve
nti
on
re
qu
ire
me
nts
, pro
ble
ms
in im
ple
me
nta
tio
n a
nd
ga
ps
Art
.A
arh
us
Co
nv
en
tio
n p
rov
isio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
iaP
rob
lem
s in
imp
lem
en
tati
on
Ga
ps
4.1
1. E
ach
Part
y sh
all e
nsur
e th
at, s
ubje
ct to
th
e fo
llow
ing
para
grap
hs o
f thi
s art
icle
, pu
blic
aut
horit
ies,
in re
spon
se to
a re
ques
t fo
r env
ironm
enta
l inf
orm
atio
n, m
ake
such
in
form
atio
n av
aila
ble
to th
e pu
blic
, with
in th
e fra
mew
ork
of n
atio
nal l
egis
latio
n, in
clud
ing,
w
here
requ
este
d an
d su
bjec
t to
subp
arag
raph
(b
) bel
ow, c
opie
s of t
he a
ctua
l doc
umen
tatio
n co
ntai
ning
or c
ompr
isin
g su
ch in
form
atio
n:(a
) With
out a
n in
tere
st h
avin
g to
be
stat
ed;
(b) I
n th
e fo
rm re
ques
ted
unle
ss:
(I) It
is re
ason
able
for t
he p
ublic
aut
horit
y to
mak
e it
avai
labl
e in
ano
ther
form
, in
whi
ch c
ase
reas
ons s
hall
be g
iven
for
mak
ing
it av
aila
ble
in th
at fo
rm; o
r(ii
) The
info
rmat
ion
is a
lread
y pu
blic
ly
avai
labl
e in
ano
ther
form
.
YES
Law
on
Envi
ronm
enta
l Pro
tect
ion,
Con
stitu
tion,
Law
on
Chem
ical
s, La
w o
n Bi
ocid
e Pr
oduc
ts, L
aw o
n N
atur
e Pr
otec
tion,
etc
.PA
RTLY
In th
e La
w o
n Fr
ee A
cces
s to
Info
rmat
ion
of P
ublic
Impo
rtan
ce, t
his
right
is a
pplie
d on
ly if
ther
e is
a th
reat
to, o
r a n
eed
for p
rote
ctio
n of
, pu
blic
hea
lth a
nd th
e en
viro
nmen
t”. It
doe
s not
pro
vide
the
sam
e rig
ht, f
or e
xam
ple,
whe
n en
viro
nmen
tal i
nfor
mat
ion
is c
once
rned
..N
OLa
w o
n ad
min
istr
ativ
e pr
oced
ures
requ
ires p
rove
n in
tere
st;
how
ever
, the
“pub
lic in
tere
st” i
s not
cle
arly
defi
ned
.Th
e Co
mm
issi
oner
for I
nfor
mat
ion
of P
ublic
Impo
rtan
ce a
nd
Pers
onal
Dat
a Pr
otec
tion
is th
e ke
y st
ate
body
resp
onsi
ble
for c
ontr
ollin
g fre
e ac
cess
to in
form
atio
n is.
Law
on
Free
Acc
ess t
o In
form
atio
n of
Pub
lic Im
port
ance
for (
a) -
Art
icle
15
(als
o A
rtic
les 4
, 5),
for (
b) th
e A
rtic
le 1
8, fo
r (ii)
the
Art
icle
10,
al
so L
aw o
n En
viro
nmen
tal P
rote
ctio
n (A
rtic
le 7
8, a
nd th
e Pr
inci
ple
of p
ublic
info
rmat
ion
and
part
icip
atio
n in
Art
icle
9),
Cons
titut
ion
(Art
icle
s 51
and
74),
Law
on
Chem
ical
s (Ar
ticle
84)
, Law
on
Bioc
ide
Prod
ucts
(Art
icle
47)
, Law
on
Nat
ure
Prot
ectio
n (A
rtic
le 1
15) e
tc.
Acco
rdin
g to
the
Law
on
Free
Acc
ess t
o In
form
atio
n of
Pub
lic
Impo
rtan
ce, “J
ustifi
ed
publ
ic in
tere
st to
kno
w …
shal
l be
deem
ed to
ex
ist w
hene
ver i
nfor
mat
ion
held
by
a pu
blic
aut
horit
y co
ncer
ns a
thre
at
to, o
r pro
tect
ion
of, p
ublic
hea
lth a
nd th
e en
viro
nmen
t” (A
rtic
le 4
).La
w o
n ad
min
istr
ativ
e pr
oced
ures
– re
quire
s pro
ven
inte
rest
, ho
wev
er, “
publ
ic in
tere
st” i
s not
cle
arly
defi
ned
(Art
icle
70)
.Th
e Co
mm
issi
oner
for I
nfor
mat
ion
of P
ublic
Impo
rtan
ce
and
Pers
onal
Dat
a Pr
otec
tion.
is th
e m
ain
natio
nal i
nstit
utio
n fo
r con
trol
ling
the
free
acce
ss to
info
rmat
ion.
Low
gen
eral
aw
aren
ess (
both
rega
rdin
g ge
nera
l pub
lic
and
man
y pu
blic
aut
horit
y re
pres
enta
tives
) reg
ardi
ng
prov
isio
ns o
f the
Aar
hus C
onve
ntio
n an
d th
e La
w o
n Fr
ee A
cces
s to
Info
rmat
ion
of P
ublic
Impo
rtan
ce.
Acco
rdin
g to
staff
in
the
offi c
e of
the
Com
mis
sion
er
for I
nfor
mat
ion
of P
ublic
Impo
rtan
ce a
nd P
erso
nal
Dat
a Pr
otec
tion,
ther
e w
ere
few
com
plai
nts f
or re
fusa
l of
dis
clos
ure
of e
nviro
nmen
tal i
nfor
mat
ion
but t
his
coul
d be
mor
e re
late
d to
the
lack
of p
ublic
aw
aren
ess
and
inte
rest
in e
nviro
nmen
tal i
ssue
s (i.e
., lac
k of
in
form
atio
n di
sclo
sure
requ
ests
), th
an to
the
scar
city
of
refu
sal c
ases
rela
ted
to in
form
atio
n di
sclo
sure
..
A n
eed
for t
he
esta
blis
hmen
t of
met
adat
a re
gist
er a
t na
tiona
l lev
el, w
hich
is
a d
atab
ase
whe
re
inte
rest
ed p
artie
s cou
ld
chec
k w
hich
type
of
data
can
be
foun
d in
whi
ch in
stitu
tion
(info
rmat
ion
rega
rdin
g in
form
atio
n).
A g
ener
al d
efi c
ienc
y re
late
d to
the
pass
ive
acce
ss to
info
rmat
ion
occu
rs m
ostly
due
to
the
lack
of c
apac
ity a
nd
awar
enes
s reg
ardi
ng
thes
e is
sues
. At l
ocal
le
vel a
utho
ritie
s do
n’t h
ave
clea
rly
defi n
ed c
onta
ct
poin
ts fo
r rec
eivi
ng
info
rmat
ion
requ
est
neith
er su
ffi ci
ent
num
bers
of t
rain
ed
pers
onne
l tha
t wou
ld
proc
ess t
he re
ques
t.
99
Art
.A
arh
us
Co
nv
en
tio
n p
rov
isio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
iaP
rob
lem
s in
imp
lem
en
tati
on
Ga
ps
4.2
2. E
nviro
nmen
tal i
nfor
mat
ion
refe
rred
to in
pa
ragr
aph
1 ab
ove
shal
l be
mad
e pu
blic
ally
av
aila
ble
as so
on a
s pos
sibl
e an
d at
the
late
st
with
in o
ne m
onth
aft
er th
e re
ques
t has
bee
n su
bmitt
ed, u
nles
s the
vol
ume
and
the
com
plex
ity
of th
e in
form
atio
n ju
stify
an
exte
nsio
n of
this
pe
riod
up to
two
mon
ths a
fter
the
requ
est i
s su
bmitt
ed. T
he a
pplic
ant s
hall
be in
form
ed o
f an
y ex
tens
ion
and
of th
e re
ason
s jus
tifyi
ng it
.
YES
Even
stric
ter s
tipul
atio
ns a
re fo
rese
en fo
r som
e ty
pes o
f env
ironm
enta
l in
form
atio
n in
the
Law
on
Free
Acc
ess t
o In
form
atio
n of
Pub
lic Im
port
ance
, i.e
. inf
orm
atio
n m
ust b
e is
sued
as s
oon
as p
ossi
ble,
or fi
ftee
n da
ys, a
t th
e la
test
, fro
m th
e da
te o
f sub
mis
sion
of r
eque
st. I
f the
info
rmat
ion
is re
leva
nt fo
r the
pro
tect
ion
of h
ealth
or t
he e
nviro
nmen
t, th
e re
ply
mus
t be
rece
ived
with
in 4
8 ho
urs,
exte
nsio
n of
the
dead
line
mig
ht b
e ap
prov
ed w
ith ju
stifi
catio
n an
d ca
nnot
be
long
er th
an 4
0 da
ys;
The
Law
on
envi
ronm
enta
l pro
tect
ion
prov
ides
a d
eadl
ine
of
30 d
ays,
exte
nsio
n is
giv
en u
p to
60
days
for v
olum
inou
s dat
a or
if th
eir p
repa
ratio
n re
quire
s a lo
nger
per
iod
of ti
me.
YES
Law
on
Free
Acc
ess t
o In
form
atio
n of
Pub
lic Im
port
ance
(Art
icle
16)
ca
rrie
s eve
n st
ricte
r stip
ulat
ions
– a
s soo
n as
pos
sibl
e, 1
5 da
ys a
t the
la
test
(if t
he in
form
atio
n is
rele
vant
for p
rote
ctio
n of
hea
lth o
r the
en
viro
nmen
t the
dea
dlin
e is
48
hour
s), p
ossi
ble
exte
nsio
n th
at c
an
be a
ppro
ved
with
just
ifi ca
tion
can
be n
o lo
nger
than
40
days
. Th
e La
w o
n en
viro
nmen
tal p
rote
ctio
n (A
rtic
le 7
9) –
up
to 3
0 da
ys, e
xten
sion
up
to 6
0 da
ys fo
r vol
umin
ous d
ata
or if
pre
para
tion
take
s a lo
nger
per
iod
of ti
me.
Lack
of s
taff
capa
citie
s in
publ
ic o
ffi ce
s pre
vent
s tim
ely
proc
essi
ng o
f req
uest
s for
info
rmat
ion
disc
losu
re .
Non
-har
mon
ized
stip
ulat
ions
in tw
o af
orem
entio
ned
men
tione
d la
ws c
an le
ad to
con
fusi
on a
mon
g pu
blic
aut
horit
ies a
nd o
ther
org
aniz
atio
ns.
Esta
blis
hed
proc
edur
es, g
uide
lines
.
Non
-har
mon
ized
law
s –
acco
rdin
g to
the
Cons
titut
ion
(Art
icle
20
), ac
hiev
ed le
vels
of
hum
an a
nd m
inor
ity
right
s can
not b
e re
duce
d. It
is th
eref
ore
nece
ssar
y to
har
mon
ize
all r
elev
ant s
tipul
atio
ns
of th
e na
tiona
l le
gisl
atio
n w
ith
dead
lines
pro
vide
d by
the
Law
on
Free
Ac
cess
to In
form
atio
n of
Pub
lic Im
port
ance
.
4.3
3. A
requ
est f
or e
nviro
nmen
tal
info
rmat
ion
may
be
refu
sed
if:(a
) the
pub
lic a
utho
rity
to w
hich
the
requ
est i
s add
ress
ed d
oes n
ot h
old
the
envi
ronm
enta
l inf
orm
atio
n re
ques
ted;
(b) t
he re
ques
t is m
anife
stly
unr
easo
nabl
e or
form
ulat
ed in
too
gene
ral a
man
ner;
or(c
) the
requ
est c
once
rns m
ater
ial i
n th
e co
urse
of c
ompl
etio
n or
con
cern
s int
erna
l co
mm
unic
atio
ns o
f pub
lic a
utho
ritie
s whe
re
such
an
exem
ptio
n is
pro
vide
d fo
r in
natio
nal
law
or c
usto
mar
y pr
actic
e, ta
king
into
acc
ount
th
e pu
blic
inte
rest
serv
ed b
y di
sclo
sure
.
YES
Law
on
Free
Acc
ess t
o In
form
atio
n of
Pub
lic Im
port
ance
.YE
SLa
w o
n Fr
ee A
cces
s to
Info
rmat
ion
of P
ublic
Impo
rtan
ce (A
rtic
les 1
0, 1
3).
Ther
e is
a n
eed
to d
efi n
e a
clea
r and
pre
cise
set o
f “r
ules
of c
ondu
ct” -
mor
e pr
ecis
ely
crite
ria (a
t nat
iona
l le
vel),
for t
he re
fusa
l of i
nfor
mat
ion
disc
losu
re.
100
Art
.A
arh
us
Co
nv
en
tio
n p
rov
isio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
iaP
rob
lem
s in
imp
lem
en
tati
on
Ga
ps
4.4
4. A
requ
est f
or e
nviro
nmen
tal
info
rmat
ion
may
be
refu
sed
if th
e di
sclo
sure
wou
ld a
dver
sely
aff e
ct:
(a) T
he c
onfi d
entia
lity
of th
e pr
ocee
ding
s of
publ
ic a
utho
ritie
s, w
here
such
con
fi den
tialit
y is
pro
vide
d fo
r und
er n
atio
nal l
aw;
(b) I
nter
natio
nal r
elat
ions
, nat
iona
l de
fenc
e or
pub
lic se
curit
y;(c
) The
cou
rse
of ju
stic
e, th
e ab
ility
of a
pe
rson
to re
ceiv
e a
fair
tria
l or t
he a
bilit
y of
a
publ
ic a
utho
rity
to c
ondu
ct a
n en
quiry
of
a c
rimin
al o
r dis
cipl
inar
y na
ture
;(d
) The
con
fi den
tialit
y of
com
mer
cial
and
in
dust
rial i
nfor
mat
ion,
whe
re su
ch c
onfi d
entia
lity
is p
rote
cted
by
law
in o
rder
to p
rote
ct a
legi
timat
e ec
onom
ic in
tere
st. W
ithin
this
fram
ewor
k,
info
rmat
ion
on e
mis
sion
s whi
ch is
rele
vant
for t
he
prot
ectio
n of
the
envi
ronm
ent s
hall
be d
iscl
osed
;(e
) Int
elle
ctua
l pro
pert
y rig
hts;
(f) T
he c
onfi d
entia
lity
of p
erso
nal d
ata
and/
or fi
les r
elat
ing
to a
nat
ural
per
son
whe
re th
at
pers
on h
as n
ot c
onse
nted
to th
e di
sclo
sure
of
the
info
rmat
ion
to th
e pu
blic
, whe
re su
ch
confi
den
tialit
y is
pro
vide
d fo
r in
natio
nal l
aw;
(g) T
he in
tere
sts o
f a th
ird p
arty
whi
ch h
as
supp
lied
the
info
rmat
ion
requ
este
d w
ithou
t tha
t pa
rty
bein
g un
der o
r cap
able
of b
eing
put
und
er
a le
gal o
blig
atio
n to
do
so, a
nd w
here
that
par
ty
does
not
con
sent
to th
e re
leas
e of
the
mat
eria
l; or
(h) T
he e
nviro
nmen
t to
whi
ch th
e in
form
atio
n re
late
s, su
ch a
s the
bre
edin
g si
tes o
f rar
e sp
ecie
s.Th
e af
orem
entio
ned
grou
nds f
or re
fusa
l sh
all b
e in
terp
rete
d in
a re
stric
tive
way
, ta
king
into
acc
ount
the
publ
ic in
tere
st
serv
ed b
y di
sclo
sure
and
taki
ng in
to a
ccou
nt
whe
ther
the
info
rmat
ion
requ
este
d re
late
s to
em
issi
ons i
nto
the
envi
ronm
ent.
PART
LYLa
w o
n Fr
ee A
cces
s to
Info
rmat
ion
of P
ublic
Impo
rtan
ce, L
aw o
n Pr
otec
tion
of P
erso
nal D
ata,
Law
on
Envi
ronm
enta
l Pro
tect
ion
Furt
herm
ore,
Law
on
the
Free
Acc
ess t
o In
form
atio
n of
Pub
lic Im
port
ance
lim
its th
e rig
ht
to p
rivac
y of
per
sona
l dat
a in
cer
tain
cas
es, w
here
: “…su
ch in
form
atio
n re
late
s to
a pe
rson
, eve
nt o
r occ
urre
nce
of p
ublic
inte
rest
, esp
ecia
lly in
ca
se o
f hol
der o
f pub
lic o
ffi ce
or p
oliti
cal fi
gur
es, i
nsof
ar a
s the
info
rmat
ion
bear
s rel
evan
ce o
n th
e du
ties p
erfo
rmed
by
that
per
son”
, as w
ell a
s whe
n “a
per
son’
s beh
avio
ur, i
n pa
rtic
ular
con
cern
ing
his/
her p
rivat
e lif
e, h
as
prov
ided
suffi
cien
t jus
tifi c
atio
n fo
r a re
ques
t for
such
info
rmat
ion”
.YE
SLa
w o
n Fr
ee A
cces
s to
Info
rmat
ion
of P
ublic
Impo
rtan
ce (A
rtic
les 9
, 13,
14)
, Law
on
Pro
tect
ion
of P
erso
nal D
ata,
Law
on
Envi
ronm
enta
l Pro
tect
ion
(Art
icle
80)
.Fu
rthe
rmor
e, L
aw o
n th
e Fr
ee A
cces
s to
Info
rmat
ion
of P
ublic
Impo
rtan
ce
(Art
icle
14)
lim
its th
e rig
ht to
priv
acy
of p
erso
nal d
ata
in c
erta
in c
ases
, whe
re:
“…su
ch in
form
atio
n re
late
s to
a pe
rson
, eve
nt o
r occ
urre
nce
of p
ublic
inte
rest
, es
peci
ally
in c
ase
of h
olde
r of p
ublic
offi
ce o
r pol
itica
l fi g
ures
, ins
ofar
as t
he
info
rmat
ion
bear
s rel
evan
ce o
n th
e du
ties p
erfo
rmed
by
that
per
son”
, as
wel
l as w
hen
“a p
erso
n’s b
ehav
iour
, in
part
icul
ar c
once
rnin
g hi
s/he
r priv
ate
life,
has
pro
vide
d su
ffi ci
ent j
ustifi
cat
ion
for a
requ
est f
or su
ch in
form
atio
n”.
Als
o, L
aw o
n Bi
ocid
e Pr
oduc
ts (A
rtic
le 4
7), s
tate
s tha
t the
dat
a th
at a
re
rele
vant
for t
he h
uman
and
ani
mal
hea
lth a
nd sa
fety
and
env
ironm
enta
l pr
otec
tion
cann
ot b
e la
belle
d as
pro
tect
ed b
usin
ess i
nfor
mat
ion.
The
Law
on
Chem
ical
s (Ar
ticle
84)
als
o de
fi nes
that
cer
tain
dat
a, i.
e.
data
rele
vant
for t
he h
ealth
and
secu
rity
of h
uman
s and
ani
mal
s and
pr
otec
tion
of th
e en
viro
nmen
t can
not
be
labe
lled
as a
“tra
de se
cret
”.
It is
nec
essa
ry to
defi
ne
a cl
ear a
nd p
reci
se se
t of
“rul
es o
f con
duct
” - m
ore
prec
isel
y cr
iteria
(at n
atio
nal
leve
l) fo
r ref
usal
of i
nfor
mat
ion
disc
losu
re.
4.5
5. W
hen
a pu
blic
aut
horit
y do
es n
ot h
old
the
envi
ronm
enta
l inf
orm
atio
n re
ques
ted,
this
pub
lic
auth
ority
shal
l, as
pro
mpt
ly a
s pos
sibl
e, in
form
th
e ap
plic
ant o
f the
pub
lic a
utho
rity
to w
hich
it
belie
ves i
t is p
ossi
ble
to a
pply
for t
he in
form
atio
n re
ques
ted
or tr
ansf
er th
e re
ques
t to
that
au
thor
ity a
nd in
form
the
appl
ican
t acc
ordi
ngly
.
PART
LY• N
ot d
efi n
ed in
all
rele
vant
law
s.• D
efi n
ed b
y th
e La
w o
n Fr
ee A
cces
s to
Info
rmat
ion
but
only
for s
ome
type
s of e
nviro
nmen
t inf
orm
atio
n (fo
r par
ts
rela
ted
to a
reas
that
fall
in th
e sc
ope
of th
e la
w).
YES
Law
on
Free
Acc
ess t
o In
form
atio
n (A
rtic
le 1
0).
101
Art
.A
arh
us
Co
nv
en
tio
n p
rov
isio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
iaP
rob
lem
s in
imp
lem
en
tati
on
Ga
ps
4.6
6. E
ach
Part
y sh
all e
nsur
e th
at, i
f inf
orm
atio
n ex
empt
ed fr
om d
iscl
osur
e un
der p
arag
raph
s 3
(c) a
nd 4
abo
ve c
an b
e se
para
ted
out
with
out p
reju
dice
to th
e co
nfi d
entia
lity
of th
e in
form
atio
n ex
empt
ed, p
ublic
aut
horit
ies m
ake
avai
labl
e th
e re
mai
nder
of t
he e
nviro
nmen
tal
info
rmat
ion
that
has
bee
n re
ques
ted.
PART
LY• I
t is n
ot d
efi n
ed in
all
rele
vant
law
s.• D
efi n
ed b
y th
e La
w o
n Fr
ee A
cces
s to
Info
rmat
ion
but o
nly
for i
nfor
mat
ion
pert
aini
ng to
the
envi
ronm
ent (
part
s rel
ated
to
the
area
s tha
t fal
l with
in th
e sc
ope
of th
e la
w).
YES
Law
on
Free
Acc
ess t
o In
form
atio
n (A
rtic
le 1
2).
4.7
7. A
refu
sal o
f a re
ques
t sha
ll be
in w
ritin
g if
the
requ
est w
as in
writ
ing
or th
e ap
plic
ant s
o re
ques
ts. A
refu
sal s
hall
stat
e th
e re
ason
s for
th
e re
fusa
l and
giv
e in
form
atio
n on
acc
ess
to th
e re
view
pro
cedu
re p
rovi
ded
for i
n ac
cord
ance
with
art
icle
9. T
he re
fusa
l sha
ll be
m
ade
as so
on a
s pos
sibl
e an
d at
the
late
st
with
in o
ne m
onth
, unl
ess t
he c
ompl
exity
of
the
info
rmat
ion
just
ifi es
an
exte
nsio
n of
this
pe
riod
up to
two
mon
ths a
fter
the
requ
est i
s su
bmitt
ed. T
he a
pplic
ant s
hall
be in
form
ed o
f an
y ex
tens
ion
and
of th
e re
ason
s jus
tifyi
ng it
.
PART
LY• N
ot d
efi n
ed in
all
rele
vant
law
s.• D
efi n
ed b
y th
e La
w o
n Fr
ee A
cces
s to
Info
rmat
ion
but
only
info
rmat
ion
pert
aini
ng to
the
envi
ronm
ent (
part
s re
late
d to
are
as th
at fa
ll in
scop
e of
the
law
)La
w o
n Fr
ee A
cces
s to
Info
rmat
ion
prov
ides
muc
h st
ricte
r tim
e lim
its.
YES
Law
on
Free
Acc
ess t
o In
form
atio
n (A
rtic
le 1
6) p
rovi
des m
uch
stric
ter t
ime
limits
– o
nly
15 d
ays t
o re
ply,
and
with
out a
pos
sibi
lity
of e
xten
sion
.“A
pub
lic a
utho
rity
… sh
all h
ave
to d
uty
to p
ass,
with
out d
elay
, and
with
in
15 d
ays o
f rec
eipt
of t
he re
ques
t at t
he la
test
, a d
ecis
ion
reje
ctin
g th
e re
ques
t an
d pr
ovid
e ra
tiona
le fo
r suc
h de
cisi
on in
writ
ing,
and
shal
l fur
ther
mor
e be
re
quire
d to
not
ify th
e ap
plic
ant I
of t
he a
vaila
ble
relie
f aga
inst
such
dec
isio
n.”
Lack
of s
taff
capa
citie
s with
in p
ublic
offi
ces w
hich
pre
vent
tim
ely
proc
essi
ng o
f req
uest
s for
info
rmat
ion
disc
losu
re.
4.8
8. E
ach
Part
y m
ay a
llow
its p
ublic
aut
horit
ies
to m
ake
a ch
arge
for s
uppl
ying
info
rmat
ion,
bu
t suc
h ch
arge
shal
l not
exc
eed
a re
ason
able
am
ount
. Pub
lic a
utho
ritie
s int
endi
ng to
mak
e su
ch a
cha
rge
for s
uppl
ying
info
rmat
ion
shal
l m
ake
avai
labl
e to
app
lican
ts a
pric
elis
t whi
ch
may
be
levi
ed, i
ndic
atin
g th
e ci
rcum
stan
ces
in w
hich
they
may
be
levi
ed o
r wai
ved
and
whe
n th
e su
pply
of i
nfor
mat
ion
is c
ondi
tiona
l to
the
adva
nce
paym
ent o
f suc
h a
char
ge.
PART
LYIt
is n
ot d
efi n
ed in
all
rele
vant
law
s.Th
e La
w o
n Fr
ee A
cces
s to
Info
rmat
ion
carr
ies m
ore
strin
gent
pr
ovis
ions
but
onl
y fo
r cer
tain
type
s of e
nviro
nmen
t inf
orm
atio
n (p
arts
rela
ted
to a
reas
that
fall
into
the
scop
e of
the
law
).N
atio
nal l
egis
latio
n pr
ovid
es e
ven
stric
ter s
tipul
atio
ns:
Acco
rdin
g to
the
Law
on
Free
Acc
ess t
o In
form
atio
n (A
rtic
le 1
7), “
acce
ss to
a
docu
men
t con
tain
ing
requ
este
d in
form
atio
n sh
all b
e gr
ante
d fre
e of
cha
rge.”
O
nly
issu
ing
a co
py (t
oget
her w
ith p
osta
l exp
ense
s) re
quire
s rei
mbu
rsem
ent,
whi
ch is
regu
late
d by
a se
para
te p
rovi
sion
– “D
ecre
e on
the
Am
ount
of
Reim
burs
emen
t for
Nec
essa
ry C
osts
for I
ssui
ng C
opie
s of a
Doc
umen
t”.Fu
rthe
rmor
e, a
ccor
ding
to th
e sa
me
Art
icle
in th
e La
w o
n Fr
ee
Acce
ss to
Info
rmat
ion,
jour
nalis
ts, h
uman
righ
t ass
ocia
tions
, and
all
pers
ons w
ho re
ques
t inf
orm
atio
n re
gard
ing
a th
reat
or p
rote
ctio
n of
pub
lic h
ealth
and
env
ironm
ent,
are
exem
pted
from
any
kin
d of
re
imbu
rsem
ent (
both
for m
akin
g co
pies
or p
osta
l exp
ense
s).
In p
ract
ice
(and
acc
ordi
ng to
nat
iona
l leg
isla
tion)
, pub
lic a
utho
ritie
s do
not
cha
rge
for p
rovi
ding
requ
este
d in
form
atio
n, a
nd m
any
of th
em a
lso
neve
r cha
rge
cost
s for
mak
ing
copi
es.
5.Co
llect
ion
and
diss
emin
atio
n of
en
viro
nmen
tal i
nfor
mat
ion
102
Art
.A
arh
us
Co
nv
en
tio
n p
rov
isio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
iaP
rob
lem
s in
imp
lem
en
tati
on
Ga
ps
5.1
1. E
ach
Part
y sh
all e
nsur
e th
at:
(a) P
ublic
aut
horit
ies p
osse
ss a
nd
upda
te e
nviro
nmen
tal i
nfor
mat
ion
in
acco
rdan
ce w
ith th
eir f
unct
ions
;(b
) Sys
tem
s for
man
dato
ry in
form
atio
n fl o
w
tow
ards
pub
lic a
utho
ritie
s are
est
ablis
hed,
re
gard
ing
prop
osed
and
exi
stin
g ac
tiviti
es w
hich
m
ay si
gnifi
cant
ly a
ff ect
the
envi
ronm
ent;
(c) I
n th
e ev
ent o
f any
imm
inen
t thr
eat t
o hu
man
he
alth
or t
he e
nviro
nmen
t, w
heth
er c
ause
d by
hu
man
act
iviti
es o
r due
to n
atur
al c
ause
s, al
l in
form
atio
n w
hich
cou
ld e
nabl
e th
e pu
blic
to
take
mea
sure
s to
prev
ent o
r miti
gate
har
m a
risin
g fro
m th
e th
reat
and
is h
eld
by a
pub
lic a
utho
rity
is d
isse
min
ated
imm
edia
tely
and
with
out d
elay
to
mem
bers
of t
he p
ublic
who
may
be
aff e
cted
.
PART
LY• E
nviro
nmen
tal P
rote
ctio
n Ag
ency
(ins
titut
iona
l str
uctu
re
esta
blis
hed
with
in th
e M
inis
try
for E
nviro
nmen
t and
Spa
tial
Plan
ning
) is t
he m
ain
inst
itutio
n re
spon
sibl
e fo
r mai
ntai
ning
the
natio
nal i
nfor
mat
ion
syst
em fo
r env
ironm
enta
l pro
tect
ion.
• Rec
ord
keep
ing
is a
lso
defi n
ed b
y al
l the
ana
lyse
d la
ws a
nd in
the
Law
on
Fre
e Ac
cess
to In
form
atio
n of
Pub
lic Im
port
ance
, Con
stitu
tion
etc.
• Flo
w o
f inf
orm
atio
n an
d re
port
ing
is re
gula
ted
in m
any
case
s but
oft
en n
ot in
a sa
tisfa
ctor
y m
anne
r.Th
e La
w o
n En
viro
nmen
tal P
rote
ctio
n, L
aw o
n A
ir Pr
otec
tion
and
Food
Saf
ety
Law
and
Law
on
chem
ical
s defi
ne
the
syst
em fo
r ale
rtin
g an
d co
mm
unic
atin
g in
form
atio
n in
cas
es o
f thr
eats
to th
e en
viro
nmen
t and
hum
an h
ealth
. H
owev
er, m
ost l
aws d
o no
t con
tain
defi
niti
ons o
f thr
esho
lds f
or d
ange
r.N
OD
efi c
ienc
ies i
n in
form
atio
n he
ld b
y in
stitu
tions
exi
st d
ue to
unc
lear
di
visi
on o
f res
pons
ibili
ties b
etw
een
inst
itutio
ns, a
nd b
ecau
se
of la
ck o
f by-
law
s whi
ch d
efi n
e th
e fl o
w o
f inf
orm
atio
n.(a
, b) Y
ESEn
viro
nmen
tal P
rote
ctio
n Ag
ency
est
ablis
hed
as a
cen
tral
resp
onsi
ble
inst
itutio
n fo
r kee
ping
an
inte
grat
ed d
atab
ase
on e
nviro
nmen
tal i
nfor
mat
ion
and
diss
emin
atio
n of
env
ironm
enta
l inf
orm
atio
n (L
aw o
n En
viro
nmen
tal
Prot
ectio
n, A
rt. 7
4); R
ecor
d ke
epin
g al
so d
efi n
ed b
y th
e La
w o
n En
viro
nmen
tal
Impa
ct A
sses
smen
t (Ar
t. 34
), La
w o
n In
tegr
ated
Env
ironm
enta
l Pol
lutio
n Pr
even
tion
and
Cont
rol (
Art.
6, 2
5), L
aw o
n Ch
emic
als (
Art.
38, 4
3, 4
4, 5
8),
Law
on
Bioc
ide
Prod
ucts
(Art
. 34)
, Law
on
Air
Prot
ectio
n (A
rt. 1
3, 1
5, 1
7 an
d 68
), La
w o
n N
atur
e Pr
otec
tion
(Art
. 50)
, Law
on
Prot
ectio
n fro
m N
oise
in
the
Envi
ronm
ent (
Art.
6-8,
20,
26)
, Law
on
Was
te M
anag
emen
t (Ar
t 22,
75
), La
w o
n Pa
ckag
ing
and
Pack
agin
g W
aste
(Art
. 42)
, Foo
d Sa
fety
Law
(A
rt. 1
5, 1
6), L
aw o
n Fr
ee A
cces
s to
Info
rmat
ion
of P
ublic
Impo
rtan
ce (A
rt.
41),
in th
e Co
nstit
utio
n (in
dire
ctly
stip
ulat
ed th
roug
h A
rt. 5
1, 7
4) e
tc.
(c) Y
ESLa
w o
n En
viro
nmen
tal P
rote
ctio
n (A
rt. 4
2, 6
2). A
lso,
Law
on
Air
Prot
ectio
n (A
rt. 2
3), F
ood
Safe
ty L
aw (A
rt. 9
, 38,
40)
.M
onito
ring,
repo
rtin
g, re
cord
kee
ping
, ade
quat
e fl o
w o
f inf
orm
atio
n to
pub
lic
auth
oriti
es a
ll de
fi ned
by
the
Law
on
Envi
ronm
enta
l Pro
tect
ion
(Art
. 69-
75).
Uns
atis
fact
ory
data
fl ow
tow
ards
pub
lic a
utho
ritie
s.En
viro
nmen
tal i
nspe
ctor
ate
(with
in th
e M
inis
try
for
Envi
ronm
ent a
nd S
patia
l Pla
nnin
g), i
s res
pons
ible
fo
r con
trol
ling
the
proc
ess o
f dat
a fl o
w to
war
ds
publ
ic a
utho
ritie
s, ho
wev
er su
perv
isio
n of
or
gani
zatio
ns re
spon
sibl
e fo
r pro
vidi
ng re
leva
nt
envi
ronm
enta
l inf
orm
atio
n is
still
not
effi
cien
t.La
ck o
f cap
aciti
es (fi
nan
cial
, tec
hnol
ogic
al –
har
dwar
e an
d so
ftw
are,
wor
kfor
ce, t
rain
ed p
erso
nnel
) in
inst
itutio
ns re
spon
sibl
e fo
r mon
itorin
g, re
cord
ke
epin
g, re
port
ing
and
prov
idin
g da
ta fl
ow to
the
Envi
ronm
enta
l Pro
tect
ion
Agen
cy (e
spec
ially
in p
rivat
e an
d pu
blic
ent
erpr
ises
and
with
in lo
cal g
over
nmen
t),
as w
ell a
s with
in th
e En
viro
nmen
tal P
rote
ctio
n Ag
ency
to w
ork
effi c
ient
ly o
n th
e es
tabl
ishm
ent
and
mai
nten
ance
of t
he In
form
atio
n sy
stem
.Re
sear
ch a
nd m
onito
ring
rela
ted
to th
e st
ate
of b
iodi
vers
ity (a
s wel
l as t
hose
rela
ted
to so
me
othe
r ele
men
ts o
f the
env
ironm
ent),
are
still
not
sy
stem
atic
. Rep
ortin
g on
the
resu
lts to
resp
onsi
ble
inst
itutio
ns a
re sp
orad
ic a
nd in
effi c
ient
.La
ck o
f an
effi c
ient
syst
em o
f con
trol
for t
he
adeq
uacy
and
obj
ectiv
ity o
f the
dat
a pr
ovid
ed in
si
tuat
ions
with
imm
inen
t thr
eat t
o hu
man
hea
lth
or e
nviro
nmen
t (i.e
., whe
ther
full,
obj
ectiv
e an
d tim
ely
info
rmat
ion
is p
rovi
ded
to th
e pu
blic
).
An
addi
tiona
l by-
law
is
nee
ded
that
wou
ld
clea
rly a
nd in
gre
ater
de
tail
defi n
e re
cord
-ke
epin
g, m
onito
ring
and
repo
rtin
g sy
stem
s fo
r ope
rato
rs, e
spec
ially
pr
oced
ures
and
tim
e lim
its fo
r ade
quat
e fl o
w o
f inf
orm
atio
n to
pub
lic a
utho
ritie
s.
103
Art
.A
arh
us
Co
nv
en
tio
n p
rov
isio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
iaP
rob
lem
s in
imp
lem
en
tati
on
Ga
ps
5.2
2. E
ach
Part
y sh
all e
nsur
e th
at, w
ithin
the
fram
ewor
k of
nat
iona
l leg
isla
tion,
the
way
in
whi
ch p
ublic
aut
horit
ies m
ake
envi
ronm
enta
l in
form
atio
n av
aila
ble
to th
e pu
blic
is
tran
spar
ent a
nd th
at e
nviro
nmen
tal i
nfor
mat
ion
is e
ff ect
ivel
y ac
cess
ible
, int
er a
lia, b
y:(a
) Pro
vidi
ng su
ffi ci
ent i
nfor
mat
ion
to
the
publ
ic a
bout
the
type
and
scop
e of
en
viro
nmen
tal i
nfor
mat
ion
held
by
the
rele
vant
pub
lic a
utho
ritie
s, th
e ba
sic
term
s an
d co
nditi
ons u
nder
whi
ch su
ch in
form
atio
n is
mad
e av
aila
ble
and
acce
ssib
le, a
nd th
e pr
oces
s by
whi
ch it
can
be
obta
ined
;(b
) Est
ablis
hing
and
mai
ntai
ning
pr
actic
al a
rran
gem
ents
, suc
h as
:(i)
Pub
licly
acc
essi
ble
lists
, reg
iste
rs o
r fi le
s;(ii
) Req
uirin
g offi
cia
ls to
supp
ort t
he
publ
ic in
seek
ing
acce
ss to
info
rmat
ion
unde
r thi
s Con
vent
ion;
and
(iii)
The
iden
tifi c
atio
n of
poi
nts o
f con
tact
; and
(c) P
rovi
ding
acc
ess t
o en
viro
nmen
tal i
nfor
mat
ion
cont
aine
d in
list
s, re
gist
ers o
r fi le
s as r
efer
red
to
in su
bpar
agra
ph (b
) (i)
abov
e fre
e of
cha
rge.
(a, b
-i, b
-ii, c
) YES
The
Law
on
Free
Acc
ess t
o In
form
atio
n of
Pub
lic Im
port
ance
. A
ll go
vern
men
t bod
ies a
re o
blig
ed to
pub
lish
at le
ast o
nce
a ye
ar a
dire
ctor
y co
ntai
ning
key
fact
s abo
ut it
s ope
ratio
ns.
(a, b
-iii)
NO
Curr
ently
, the
re is
no
natio
nal m
etad
ata
regi
ster
; res
pons
ible
inst
itutio
ns
gene
rally
ow
n so
me
type
of m
etad
ata
regi
ster
s, m
ostly
for t
heir
inte
rnal
use
.(b
-iii)
PART
LYKe
y in
stitu
tions
(suc
h as
the
Envi
ronm
enta
l Pro
tect
ion
Agen
cy, I
nstit
ute
for N
atur
e Co
nser
vatio
n, e
tc.)
poss
ess c
lear
ly d
efi n
ed p
oint
s of c
onta
ct.
How
ever
, man
y in
stitu
tions
(esp
ecia
lly w
ithin
loca
l gov
ernm
ent,
as w
ell a
s in
pub
lic a
nd p
rivat
e en
terp
rises
) lac
k cl
early
defi
ned
poi
nts o
f con
tact
.(a
, b, i
, ii)
YES
See
list o
f reg
ulat
ions
for t
he p
revi
ous p
oint
. Fur
ther
mor
e, a
ccor
ding
to th
e La
w o
n Fr
ee A
cces
s to
Info
rmat
ion
of P
ublic
Impo
rtan
ce (A
rt. 3
9, 4
0), a
ll go
vern
men
t bod
ies a
re o
blig
ed to
pub
lish
at le
ast o
nce
a ye
ar a
dire
ctor
y co
ntai
ning
key
fact
s abo
ut th
eir o
pera
tions
, con
tain
ing
info
rmat
ion
such
as
: aut
horiz
atio
n, in
tern
al st
ruct
ure,
bud
geta
ry in
form
atio
n, ty
pes o
f se
rvic
es p
rovi
ded,
info
rmat
ion
rega
rdin
g th
e m
anne
r and
pla
ce o
f sto
ring
info
rmat
ion
hold
ers,
type
of i
nfor
mat
ion
held
, typ
e of
pub
lical
ly a
cces
sibl
e in
form
atio
n as
wel
l as t
he d
escr
iptio
n of
pro
cedu
re fo
r sub
mitt
ing
a re
ques
t, ru
les a
nd d
ecis
ions
of t
he g
over
nmen
t bod
y re
late
d to
the
tran
spar
ency
of
its o
pera
tions
, wor
king
hou
rs, a
ddre
ss, c
onta
ct p
hone
s, ac
cess
ibili
ty
for p
erso
ns w
ith sp
ecia
l nee
ds, a
cces
s to
sess
ions
, per
mis
sibi
lity
of a
udio
an
d vi
deo
reco
rdin
g, re
gula
tions
on
limita
tions
of t
he tr
ansp
aren
cy
of w
ork
with
ratio
nale
. Mor
e de
taile
d de
scrip
tion
on th
e co
nten
ts o
f th
e di
rect
ory
is d
efi n
ed b
y th
e by
law
, Ins
truc
tion
for t
he C
reat
ion
and
Publ
icat
ion
of th
e In
form
atio
n Bo
okle
t on
Publ
ic A
utho
rity
Wor
k.(a
) NO
:A
cle
ar a
nd in
tegr
ated
nat
iona
l met
adat
a re
gist
er d
oes n
ot e
xist
, re
spon
sibl
e in
stitu
tions
gen
eral
ly o
wn
som
e ty
pe o
f met
adat
a re
gist
ers,
but m
ostly
for i
nter
nal u
se, h
owev
er, t
hey
are
not d
etai
led
and
unha
rmon
ized
; som
e ge
nera
l inf
orm
atio
n on
type
s of i
nfor
mat
ion
held
by
them
is a
vaila
ble
on th
e In
tern
et, b
ut n
ot in
suffi
cien
t det
ail.
(iii)
YES
Key
inst
itutio
ns (s
uch
as E
nviro
nmen
tal P
rote
ctio
n Ag
ency
, Ins
titut
e fo
r N
atur
e Co
nser
vatio
n, e
tc.)
poss
ess c
lear
ly d
efi n
ed p
oint
s of c
onta
ct.
(iii)
NO
Man
y in
stitu
tions
(esp
ecia
lly a
t loc
al le
vel,
stat
e an
d pr
ivat
e co
mpa
nies
), la
ck c
lear
ly d
efi n
ed p
oint
s of c
onta
ct.
(c) Y
ES
Cont
act p
oint
s hav
e to
be
defi n
ed in
all
inst
itutio
ns
hold
ing
rele
vant
dat
a (i.
e., a
ll in
stitu
tions
list
ed in
the
Cata
logu
e of
pub
lic a
utho
ritie
s in
the
sens
e of
Law
on
Fre
e Ac
cess
to In
form
atio
n of
Pub
lic Im
port
ance
, es
tabl
ishe
d by
the
Com
mis
sion
er fo
r Inf
orm
atio
n of
Pub
lic
Impo
rtan
ce a
nd P
erso
nal D
ata
Prot
ectio
n (h
ttp:
//w
ww
.po
vere
nik.
rs/in
dex.
php/
sr/z
akon
-i-po
dz-a
kti-.
htm
l).U
nder
this
Con
vent
ion,
ther
e is
a n
eed
to o
blig
e pu
blic
aut
horit
ies t
o pr
ovid
e m
ore
effi c
ient
su
ppor
t to
the
publ
ic in
seek
ing
info
rmat
ion.
A n
eed
for a
war
enes
s rai
sing
pro
gram
s for
the
gene
ral p
ublic
on
acce
ss to
env
ironm
enta
l rel
ated
in
form
atio
n an
d m
eans
of o
btai
ning
it.
A n
eed
for t
he
esta
blis
hmen
t of a
na
tiona
l met
adat
a re
gist
er –
a d
atab
ase
that
wou
ld la
y ou
t th
e ty
pe a
nd c
onte
nt
of c
olle
cted
dat
a as
w
ell a
s dat
a st
ored
in
inst
itutio
ns h
oldi
ng
them
, lin
ks to
dat
a av
aila
ble
on th
e In
tern
et a
nd p
oint
s of
cont
act a
nd p
roce
dure
s fo
r dis
clos
ure
of
data
una
vaila
ble
on th
e In
tern
et.
104
Art
.A
arh
us
Co
nv
en
tio
n p
rov
isio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
iaP
rob
lem
s in
imp
lem
en
tati
on
Ga
ps
5.3
3. E
ach
Part
y sh
all e
nsur
e th
at e
nviro
nmen
tal
info
rmat
ion
prog
ress
ivel
y be
com
es a
vaila
ble
in e
lect
roni
c da
taba
ses w
hich
are
eas
ily
acce
ssib
le to
the
publ
ic th
roug
h pu
blic
te
leco
mm
unic
atio
ns n
etw
orks
. Inf
orm
atio
n ac
cess
ible
in th
is fo
rm sh
ould
incl
ude:
(a) R
epor
ts o
n th
e st
ate
of th
e en
viro
nmen
t, as
refe
rred
to in
par
agra
ph 4
bel
ow;
(b) t
exts
of l
egis
latio
n on
or
rela
ting
to th
e en
viro
nmen
t;(c
) as a
ppro
pria
te, p
olic
ies,
plan
s and
pr
ogra
mm
es o
n/or
rela
ted
to th
e en
viro
nmen
t, an
d en
viro
nmen
tal a
gree
men
ts; a
nd(d
) oth
er in
form
atio
n, to
the
exte
nt th
at th
e av
aila
bilit
y of
such
info
rmat
ion
in th
is fo
rm
wou
ld fa
cilit
ate
the
appl
icat
ion
of n
atio
nal
legi
slat
ion
prov
idin
g fo
r the
impl
emen
tatio
n of
th
is C
onve
ntio
n, p
rovi
ded
that
such
info
rmat
ion
is a
lread
y av
aila
ble
in e
lect
roni
c fo
rm.
PART
LYRe
port
s on
the
stat
e of
env
ironm
ent r
egul
arly
pub
lishe
d, so
me
envi
ronm
enta
l dat
a ar
e al
so p
ublis
hed
and
plac
ed o
n th
e In
tern
et b
y th
e St
atis
tical
Offi
ce o
f the
Rep
ublic
of S
erbi
a.
Text
on
polic
ies,
plan
s and
pro
gram
mes
and
law
s are
regu
larly
up
load
ed o
n th
e In
tern
et (t
he M
inis
try
of E
nviro
nmen
t, M
inin
g an
d Sp
atia
l Pla
nnin
g, In
stitu
te fo
r Nat
ure
Cons
erva
tion
of S
erbi
a,
Agen
cy fo
r Che
mic
als,
Nat
iona
l Ass
embl
y, R
egio
nal A
arhu
s Cen
tres
in
Kra
guje
vac
and
Subo
tica
and
othe
rs, a
re g
ood
exam
ples
).(a
) YES
Repo
rts o
n th
e st
ate
of e
nviro
nmen
t reg
ular
ly p
ublis
hed
by th
e En
viro
nmen
tal P
rote
ctio
n Ag
ency
, som
e en
viro
nmen
tal d
ata
also
pub
lishe
d re
gula
rly b
y th
e St
atis
tical
Offi
ce o
f the
Rep
ublic
of
Ser
bia
– al
l rep
orts
are
als
o pl
aced
on
the
Inte
rnet
.(b
, c, d
) YES
Legi
slat
ion,
pol
icie
s, pl
ans,
prog
ram
mes
, and
agr
eem
ents
mos
tly
pres
ent a
nd re
gula
rly u
ploa
ded
on th
e In
tern
et (b
y th
e M
inis
try
of
the
Envi
ronm
ent,
Min
ing
and
Spat
ial P
lann
ing,
Inst
itute
for N
atur
e Co
nser
vatio
n of
Ser
bia,
Age
ncy
for C
hem
ical
s, N
atio
nal A
ssem
bly,
Re
gion
al A
arhu
s Cen
tres
Kra
guje
vac
and
Subo
tica,
and
oth
ers)
.
Ther
e is
room
for i
mpr
ovin
g of
the
com
preh
ensi
vene
ss o
f th
ese
data
base
s (e.
g. a
bro
ader
list
of p
lans
, pro
gram
mes
an
d ag
reem
ents
shou
ld b
e pl
aced
on
the
Inte
rnet
).
5.4
4. E
ach
Part
y sh
all,
at re
gula
r int
erva
ls n
ot
exce
edin
g th
ree
or fo
ur y
ears
, pub
lish
and
diss
emin
ate
a na
tiona
l rep
ort o
n th
e st
ate
of
the
envi
ronm
ent,
incl
udin
g in
form
atio
n on
the
qual
ity o
f the
env
ironm
ent a
nd in
form
atio
n on
pre
ssur
es o
n th
e en
viro
nmen
t.
YES
Repo
rts a
re p
ublis
hed
annu
ally
by
the
Envi
ronm
enta
l Pro
tect
ion
Agen
cy,
som
e en
viro
nmen
tal d
ata
is a
lso
publ
ishe
d re
gula
rly (m
onth
ly, q
uart
erly
an
d an
nual
ly) b
y th
e St
atis
tical
Offi
ce o
f the
Rep
ublic
of S
erbi
a. Q
ualit
y co
ntro
l and
the
upda
ting
of in
form
atio
n ne
eds t
o be
impr
oved
.YE
SRe
port
s on
the
stat
e of
env
ironm
ent a
nnua
lly p
ublis
hed
by th
e En
viro
nmen
tal P
rote
ctio
n Ag
ency
, som
e en
viro
nmen
tal d
ata
also
pu
blis
hed
regu
larly
(mon
thly
, qua
rter
ly a
nd a
nnua
lly) b
y th
e St
atis
tical
O
ffi ce
of t
he R
epub
lic o
f Ser
bia.
Pub
licat
ion
of th
e en
viro
nmen
tal s
tate
re
port
defi
ned
by
the
Law
on
Envi
ronm
enta
l Pro
tect
ion
(Art
. 74-
75).
It is
nec
essa
ry to
impr
ove
the
natio
nal e
nviro
nmen
tal
mon
itorin
g ne
twor
k, to
obt
ain
data
from
a
larg
er a
rea
and
incl
ude
info
rmat
ion
rela
ted
to
all r
elev
ant e
lem
ents
of t
he e
nviro
nmen
t.
105
Art
.A
arh
us
Co
nv
en
tio
n p
rov
isio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
iaP
rob
lem
s in
imp
lem
en
tati
on
Ga
ps
5.5
5. E
ach
Part
y sh
all t
ake
mea
sure
s with
in
the
fram
ewor
k of
its l
egis
latio
n fo
r the
pu
rpos
e of
dis
sem
inat
ing,
inte
r alia
:(a
) Leg
isla
tion
and
polic
y do
cum
ents
such
as
docu
men
ts o
n st
rate
gies
, pol
icie
s, pr
ogra
mm
es
and
actio
n pl
ans r
elat
ing
to th
e en
viro
nmen
t, an
d pr
ogre
ss re
port
s on
thei
r im
plem
enta
tion,
pr
epar
ed a
t var
ious
leve
ls o
f gov
ernm
ent;
(b) I
nter
natio
nal t
reat
ies,
conv
entio
ns a
nd
agre
emen
ts o
n en
viro
nmen
tal i
ssue
s; an
d(c
) Oth
er si
gnifi
cant
inte
rnat
iona
l doc
umen
ts
on e
nviro
nmen
tal i
ssue
s, as
app
ropr
iate
.
PART
LYRe
gula
rly u
ploa
ded
to th
e In
tern
et (b
y th
e M
inis
try
of E
nviro
nmen
t, M
inin
g an
d Sp
atia
l Pla
nnin
g, In
stitu
te fo
r Nat
ure
Cons
erva
tion
of S
erbi
a,
Agen
cy fo
r Che
mic
als,
Nat
iona
l Ass
embl
y, R
egio
nal A
arhu
s Cen
tres
Kr
aguj
evac
and
Sub
otic
a, a
nd o
ther
s). F
urth
erm
ore,
all
lega
l doc
umen
ts
are
also
pub
lishe
d in
the
Offi
cial
Gaz
ette
of t
he R
epub
lic o
f Ser
bia.
Det
ails
rela
ted
to th
e im
plem
enta
tion
of p
roje
cts/
prog
ram
s an
d pr
ogre
ss re
port
s are
ver
y ra
rely
mad
e av
aila
ble.
YES
Legi
slat
ion,
pol
icie
s, pl
ans,
prog
ram
mes
, and
agr
eem
ents
mos
tly p
rese
nt
and
regu
larly
upl
oade
d to
the
Inte
rnet
(by
the
Min
istr
y of
the
Envi
ronm
ent,
Min
ing
and
Spat
ial P
lann
ing,
Inst
itute
for N
atur
e Co
nser
vatio
n of
Ser
bia,
Ag
ency
for C
hem
ical
s, N
atio
nal A
ssem
bly,
Reg
iona
l Aar
hus C
entr
es in
Kr
aguj
evac
and
Sub
otic
a, a
nd o
ther
s). F
urth
erm
ore,
all
lega
l doc
umen
ts
are
also
pub
lishe
d in
the
Offi
cial
Gaz
ette
of t
he R
epub
lic o
f Ser
bia.
NO
Inte
rnat
iona
l tre
atie
s, co
nven
tions
, agr
eem
ents
and
oth
er d
ocum
ents
ar
e sp
orad
ical
ly p
ublis
hed
(with
the
exce
ptio
n fo
r rat
ifi ed
inte
rnat
iona
l ag
reem
ents
, whi
ch a
re p
ublis
hed
as p
arts
of t
he n
atio
nal l
egis
latio
n).
Ther
e is
room
for i
mpr
ovem
ent o
f the
ava
ilabi
lity
of th
ese
docu
men
ts. A
bro
ader
list
of p
lans
, pr
ogra
mm
es, a
nd a
gree
men
ts sh
ould
be
plac
ed
on th
e In
tern
et, a
nd th
e av
aila
bilit
y of
inte
rnat
iona
l ag
reem
ents
shou
ld b
e al
so im
prov
ed.
5.6
6. E
ach
Part
y sh
all e
ncou
rage
ope
rato
rs w
hose
ac
tiviti
es h
ave
a si
gnifi
cant
impa
ct o
n th
e en
viro
nmen
t to
info
rm th
e pu
blic
regu
larly
of
the
envi
ronm
enta
l im
pact
of t
heir
activ
ities
an
d pr
oduc
ts, w
here
app
ropr
iate
with
in th
e fra
mew
ork
of v
olun
tary
eco
-labe
lling
or e
co-
audi
ting
sche
mes
or b
y ot
her m
eans
.
PART
LYTh
e La
w o
n En
viro
nmen
tal P
rote
ctio
n in
clud
es p
rovi
sion
s on
the
EMA
S sy
stem
and
eco
-labe
lling
. The
Dec
ree
from
200
9,
esta
blis
hes c
lear
crit
eria
for t
he n
atio
nal e
co-la
belli
ng sy
stem
.YE
SLa
w o
n En
viro
nmen
tal P
rote
ctio
n in
clud
es p
rovi
sion
s on
the
EMA
S sy
stem
(Art
. 44-
50) a
nd e
co-la
belli
ng (A
rt. 5
3-54
). Th
e D
ecre
e on
Te
rms a
nd P
roce
dure
s for
Obt
aini
ng R
ight
s to
use
Ecol
ogic
al S
ign,
El
emen
ts, A
ppea
ranc
e an
d Pr
oced
ures
for u
se o
f Eco
logi
cal S
ign
for
Prod
ucts
, Pro
cess
es a
nd S
ervi
ces,
whi
ch e
nter
ed in
to fo
rce
in 2
009,
es
tabl
ishe
d cl
ear c
riter
ia fo
r the
nat
iona
l eco
-labe
lling
syst
em.
Stip
ulat
ions
of t
he n
atio
nal e
co-la
belli
ng sy
stem
are
ha
rmon
ized
with
the
EU e
co-la
belli
ng sy
stem
.In
stitu
tions
resp
onsi
ble
for t
hese
issu
es a
re In
stitu
te fo
r Sta
ndar
diza
tion
of S
erbi
a (fo
r ISO
140
00),
Accr
edita
tion
Boar
d of
Ser
bia
(for c
ertifi
cat
ion
proc
edur
es),
Sect
ion
for o
rgan
ic p
rodu
ctio
n w
ithin
the
Min
istr
y fo
r Ag
ricul
ture
, For
estr
y an
d W
ater
Man
agem
ent (
for I
SO 2
2000
:200
5 fo
od
safe
ty st
anda
rds,
HA
LAL,
KO
SHER
and
GLO
BAL
G.A
.P., s
yste
m fo
r cer
tifi c
atio
n of
org
anic
pro
duct
s - p
rodu
ctio
n w
ill re
ceiv
e an
org
anic
stat
us, w
hile
pr
oduc
ts a
re c
ertifi
ed
from
org
anic
pro
duct
ion
(ISO
65
(EN
450
11).
The
Stat
e En
viro
nmen
tal P
rote
ctio
n Ag
ency
issu
es re
port
s on
the
stat
e of
the
envi
ronm
ent I
n th
e Re
publ
ic o
f Ser
bia
and
pres
ents
dat
a on
com
pani
es w
ith
ISO
140
01 c
ertifi
cat
es, c
ompa
nies
that
hav
e in
trod
uced
cle
an p
rodu
ctio
n,
licen
ses f
or e
co-la
belli
ng a
nd c
ertifi
cat
es fo
r org
anic
pro
duct
ion.
Publ
ic a
war
enes
s and
the
inte
rest
in e
co-la
belli
ng in
Se
rbia
are
ver
y lo
w, w
hich
resu
lts in
low
inte
rest
of
prod
ucer
s and
priv
ate
ente
rpris
es to
bec
ome
invo
lved
in
eco
-labe
lling
and
cer
tifi c
atio
n sy
stem
. It i
s nec
essa
ry
to o
rgan
ize
publ
ic c
ampa
igns
for t
he im
prov
emen
t of
the
gene
ral a
war
enes
s abo
ut th
is sy
stem
and
its
impo
rtan
ce, e
spec
ially
sinc
e th
e na
tiona
l eco
-la
belli
ng sy
stem
has
bee
n es
tabl
ishe
d on
ly re
cent
ly.
106
Art
.A
arh
us
Co
nv
en
tio
n p
rov
isio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
iaP
rob
lem
s in
imp
lem
en
tati
on
Ga
ps
5.7
7. E
ach
Part
y sh
all:
(a) p
ublis
h th
e fa
cts a
nd a
naly
ses o
f fac
ts w
hich
it
cons
ider
s rel
evan
t and
impo
rtan
t in
fram
ing
maj
or e
nviro
nmen
tal p
olic
y pr
opos
als;
(b) p
ublis
h, o
r oth
erw
ise
mak
e ac
cess
ible
, av
aila
ble
expl
anat
ory
mat
eria
l on
its
deal
ings
with
the
publ
ic in
mat
ters
falli
ng
with
in th
e sc
ope
of th
is C
onve
ntio
n; a
nd(c
) pro
vide
in a
n ap
prop
riate
form
info
rmat
ion
on th
e pe
rfor
man
ce o
f pub
lic fu
nctio
ns o
r th
e pr
ovis
ion
of p
ublic
serv
ices
rela
ting
to th
e en
viro
nmen
t by
gove
rnm
ent a
t all
leve
ls.
PART
LYTh
e La
w o
n Fr
ee A
cces
s to
Info
rmat
ion
of P
ublic
Impo
rtan
ce
spec
ifi es
that
all
gove
rnm
ent b
odie
s are
obl
iged
to p
ublis
h at
leas
t on
ce a
yea
r a re
port
con
tain
ing
key
fact
s abo
ut it
s ope
ratio
ns.
YES
Acco
rdin
g to
the
Law
on
Free
Acc
ess t
o In
form
atio
n of
Pub
lic Im
port
ance
(A
rt. 3
9, 4
0), a
ll go
vern
men
t bod
ies a
re o
blig
ed to
pub
lish
at le
ast o
nce
a ye
ar
a re
port
con
tain
ing
key
fact
s abo
ut it
s ope
ratio
ns, c
onta
inin
g in
form
atio
n su
ch a
s: au
thor
ities
, int
erna
l org
aniz
atio
n, b
udge
t, ty
pes o
f ser
vice
pro
vide
d,
info
rmat
ion
on th
e m
anne
r and
pla
ce o
f sto
ring
info
rmat
ion
hold
ers,
type
of
info
rmat
ion
held
, typ
e of
info
rmat
ion
mad
e av
aila
ble
as w
ell a
s the
de
scrip
tion
of p
roce
dure
for s
ubm
ittin
g a
requ
est,
rule
s and
dec
isio
ns o
f th
e st
ate
body
con
cern
ing
the
tran
spar
ency
of i
ts w
ork,
wor
king
hou
rs,
addr
ess,
cont
act p
hone
s, ac
cess
ibili
ty fo
r per
sons
with
spec
ial n
eeds
, acc
ess
to se
ssio
ns, p
erm
issi
bilit
y of
aud
io a
nd v
ideo
reco
rdin
g, re
gula
tions
on
limita
tions
of t
he tr
ansp
aren
cy in
the
wor
k of
the
stat
e bo
dy a
nd ju
stifi
catio
n.
A m
ore
deta
iled
desc
riptio
n on
the
cont
ents
of t
he d
irect
ory
is d
efi n
ed b
y th
e pr
ovis
ion
entit
led
”Inst
ruct
ion
for P
ublic
atio
n of
the
Info
rmat
ion
Book
let
on th
e w
ork
of th
e Pu
blic
Aut
horit
y”, w
hich
ent
ered
into
forc
e in
200
9.
Min
istr
y of
the
Envi
ronm
ent,
Min
ing
and
Spat
ial
Plan
ning
, Env
ironm
enta
l Pro
tect
ion
Agen
cy, I
nstit
ute
for N
atur
e Co
nser
vatio
n of
Ser
bia
and
othe
r ins
titut
ions
pl
ace
repo
rts a
nd in
form
atio
n ab
out t
heir
activ
ities
re
late
d to
env
ironm
enta
l pro
tect
ion
on th
e In
tern
et.
How
ever
, the
info
rmat
ion
mad
e av
aila
ble
is st
ill n
ot
suffi
cien
tly c
ompr
ehen
sive
. Fur
ther
mor
e, a
naly
ses o
f fa
cts i
mpo
rtan
t for
dra
ftin
g m
ajor
env
ironm
enta
l pol
icy
prop
osal
s are
rare
ly m
ade
avai
labl
e on
the
Inte
rnet
.
5.8
8. E
ach
Part
y sh
all e
stab
lish
mec
hani
sms
ensu
ring
that
suffi
cien
t pro
duct
info
rmat
ion
is m
ade
avai
labl
e to
the
publ
ic in
a m
anne
r w
hich
ena
bles
con
sum
ers t
o m
ake
info
rmed
env
ironm
enta
l cho
ices
.
PART
LYPr
ovis
ions
rega
rdin
g pr
oduc
t inf
orm
atio
n ar
e pr
ovid
ed b
y th
e La
w o
n Pr
otec
tion
of C
onsu
mer
s Rig
hts,
Law
on
Envi
ronm
enta
l Pro
tect
ion,
Law
on
Che
mic
als,
Law
on
Bioc
ide
Prod
ucts
, Rul
eboo
k on
cla
ssifi
catio
n of
pr
oduc
ts, p
acka
ging
, lab
ellin
g an
d ad
vert
isin
g ch
emic
als a
nd sp
ecifi
c pr
oduc
ts (“
Offi
cial
Gaz
ette
RS”
No.
59/
10 a
nd 2
5/11
). Ru
lebo
ok o
n th
e cl
assi
fi cat
ion,
pac
kagi
ng, l
abel
ling
and
adve
rtis
ing
chem
ical
s and
spec
ifi c
in a
ccor
danc
e w
ith th
e U
N G
loba
lly h
arm
oniz
ed sy
stem
for c
lass
ifyin
g an
d la
belli
ng p
rodu
cts (
“Offi
cial
Gaz
ette
RS”
No.
64/
10 a
nd 2
6/11
) and
th
e Ru
lebo
ok o
n sp
ecifi
c re
quire
men
ts fo
r pac
kagi
ng, l
abel
ling
and
adve
rtis
ing
bioc
idal
pro
duct
s (“O
ffi ci
al G
azet
te R
S” N
o. 5
9/10
and
26/
11).
Law
on
Pack
agin
g an
d Pa
ckag
ing
Was
te, R
uleb
ook
on th
e co
ntro
l and
ce
rtifi
catio
n in
org
anic
pro
duct
ion
and
met
hods
of o
rgan
ic p
rodu
ctio
n.Ru
lebo
ok o
n th
e D
ecla
ratio
n an
d M
arki
ng o
f Pac
kage
d Fo
odst
uff ,
etc.
Acco
rdin
g to
Art
. 8 o
f the
Foo
d Sa
fety
Law
: “Th
e in
tere
sts o
f con
sum
ers
mus
t be
prot
ecte
d to
the
larg
est p
ossi
ble
exte
nt. O
pera
tors
in th
e fo
od b
usin
ess s
hall
prov
ide
the
cons
umer
with
info
rmat
ion
that
will
en
able
them
to c
hoos
e pr
oduc
ts in
a w
ay th
at w
ill n
ot m
isle
ad th
e co
nsum
er w
ith re
gard
to th
e co
mpo
sitio
n, p
rope
rtie
s and
pur
pose
of
prod
ucts
.” How
ever
, pra
ctic
al m
echa
nism
s are
insu
ffi ci
ently
regu
late
d an
d ne
ed to
be
impr
oved
in o
rder
to b
e m
ore
clea
rly d
efi n
ed.
YES
Prov
isio
ns re
gard
ing
prod
uct i
nfor
mat
ion
are
prov
ided
by
the
Rule
book
on
Dec
lara
tion
and
Labe
lling
Pac
kage
d Fo
odst
uff ,
Law
on
Envi
ronm
enta
l Pr
otec
tion
(Art
. 52
- War
ning
on
the
Dec
lara
tion,
Art
. 53-
54 -
Ecol
ogic
al
Labe
lling
), La
w o
n Ch
emic
als (
Art.
9, 1
6-23
), La
w o
n Bi
ocid
al P
rodu
cts (
Art.
37),
Law
on
Pack
agin
g an
d Pa
ckag
ing
Was
te (A
rt. 1
5), R
uleb
ook
on th
e Co
ntro
l and
ce
rtifi
catio
n in
Org
anic
Pro
duct
ion
and
Met
hods
of O
rgan
ic P
rodu
ctio
n, e
tc.
It is
nec
essa
ry to
impr
ove
the
cont
rol o
f pro
duct
s on
the
mar
ket a
nd p
rodu
ct in
form
atio
n di
sclo
sure
.Th
ere
is a
nee
d to
impl
emen
t act
iviti
es a
imed
at
impr
ovin
g pu
blic
aw
aren
ess r
egar
ding
pro
duct
in
form
atio
n, e
co-la
belli
ng, o
rgan
ic fo
od la
belli
ng, e
tc.
107
Art
.A
arh
us
Co
nv
en
tio
n p
rov
isio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
iaP
rob
lem
s in
imp
lem
en
tati
on
Ga
ps
5.9
9. E
ach
Part
y sh
all t
ake
step
s tow
ards
the
prog
ress
ive
deve
lopm
ent o
f a n
atio
nal,
harm
oniz
ed in
vent
ory
or p
ollu
ter r
egis
ter
in fo
rm o
f a st
ruct
ured
, com
pute
rized
and
pu
blic
ally
ava
ilabl
e da
taba
se , t
akin
g in
to
acco
unt i
nter
natio
nal p
roce
sses
whe
re
appr
opria
te,. S
uch
a sy
stem
may
incl
ude
inpu
ts,
rele
ases
and
tran
sfer
s of a
spec
ifi ed
rang
e of
su
bsta
nces
and
pro
duct
s, in
clud
ing
wat
er,
ener
gy a
nd re
sour
ce u
se, f
rom
a sp
ecifi
ed ra
nge
of a
ctiv
ities
to e
nviro
nmen
tal m
edia
and
to o
n-si
te a
nd o
ff site
trea
tmen
t and
dis
posa
l site
s.
YES
• Env
ironm
enta
l Pro
tect
ion
Agen
cy re
spon
sibl
e in
stitu
tion
for t
he
esta
blis
hmen
t and
mai
nten
ance
of t
he re
gist
er o
f env
ironm
enta
l pol
lutio
n so
urce
s, pr
ojec
ted
to b
ecom
e pu
blic
ly a
vaila
ble
on th
e In
tern
et.
Loca
l gov
ernm
ents
are
resp
onsi
ble
for t
he e
stab
lishm
ent a
nd m
aint
enan
ce
of th
eir l
ocal
regi
ster
s of e
nviro
nmen
tal p
ollu
tion
sour
ces.
• Leg
al g
roun
ds a
re n
ot in
acc
orda
nce
with
the
Aar
hus C
onve
ntio
n, P
RTR
or E
C D
irect
ive
YES
The
Envi
ronm
enta
l Pro
tect
ion
Agen
cy re
spon
sibl
e in
stitu
tion
for t
he
esta
blis
hmen
t and
mai
nten
ance
of t
he e
lect
roni
c na
tiona
l inf
orm
atio
n sy
stem
, whi
ch w
ill b
e pu
blic
ly a
vaila
ble
on th
e In
tern
et.
The
Regi
ster
of e
nviro
nmen
tal p
ollu
tion
sour
ces i
s un
der c
onst
ruct
ion
toge
ther
with
the
inpu
t of d
ata.
O
nly
a Re
gist
er o
f ent
erpr
ises
that
hav
e su
bmitt
ed d
ata
nece
ssar
y to
dev
elop
the
cada
stre
of p
ollu
ters
(Inc
lude
s on
ly c
ompa
ny n
ame,
add
ress
, reg
istr
atio
n nu
mbe
r an
d th
e ty
pe o
f act
ivity
per
form
ed),
is a
vaila
ble
on th
e In
tern
et. T
he A
genc
y st
ill la
cks t
he n
eces
sary
cap
aciti
es
(bot
h fi n
anci
al a
nd w
orkf
orce
) to
wor
k effi
cie
ntly
on
the
esta
blis
hmen
t and
mai
nten
ance
of t
he re
gist
er.
Inst
itutio
ns a
nd e
nter
pris
es re
spon
sibl
e fo
r pro
vidi
ng
data
to th
e St
ate
Envi
ronm
enta
l Pro
tect
ion
Agen
cy a
lso
lack
equ
ipm
ent a
nd tr
aine
d pe
rson
nel,
so th
ere
is a
nee
d fo
r tra
inin
g an
d ca
paci
ty b
uild
ing
prog
ram
s tha
t wou
ld
incl
ude
all r
elev
ant i
nstit
utio
ns a
nd e
nter
pris
es. G
ener
al
data
fl ow
from
pol
lutio
n em
itter
s to
the
Envi
ronm
enta
l Pr
otec
tion
Agen
cy is
uns
atis
fact
ory,
and
ther
e is
nee
d fo
r an
add
ition
al b
ylaw
that
wou
ld c
lear
ly a
nd in
gre
ater
det
ail
defi n
e re
cord
-kee
ping
, mon
itorin
g an
d re
port
ing
syst
ems
for o
pera
tors
, and
esp
ecia
lly p
roce
dure
s and
tim
e lim
its
for a
dequ
ate
fl ow
of i
nfor
mat
ion
to p
ublic
aut
horit
ies.
Exce
ptio
ns fo
r the
pub
licity
of d
ata
are
not c
lear
ly d
efi n
ed
in th
e le
gisl
atio
n, so
org
aniz
atio
ns th
at a
re o
blig
ed to
su
bmit
envi
ronm
enta
l inf
orm
atio
n to
the
Envi
ronm
enta
l Pr
otec
tion
Agen
cy fr
eque
ntly
des
igna
te c
erta
in d
ata
as
unav
aila
ble
for p
ublic
dis
clos
ure,
esp
ecia
lly “r
aw d
ata”
. Co
ntro
l of t
he o
rgan
izat
ions
resp
onsi
ble
for p
rovi
ding
re
leva
nt e
nviro
nmen
tal i
nfor
mat
ion
and
the
cont
rol o
f the
pr
oces
s of d
ata
fl ow
to p
ublic
aut
horit
ies i
s stil
l ine
ffi ci
ent.
5.10
10. N
othi
ng in
this
Art
. may
pre
judi
ce th
e rig
ht o
f Par
ties t
o re
fuse
to d
iscl
ose
cert
ain
envi
ronm
enta
l inf
orm
atio
n in
acc
orda
nce
with
Art
. 4, p
arag
raph
s 3 a
nd 4
.
YES
To a
cer
tain
ext
ent p
erso
nal,
busi
ness
, com
mer
cial
and
indu
stria
l dat
a,
right
s rel
ated
to in
telle
ctua
l pro
pert
y, w
ork
of th
e ju
dici
ary,
nat
iona
l de
fenc
e an
d pu
blic
secu
rity
confi
den
tialit
y, e
.g. L
aw o
n Ch
emic
als
(Art
. 85)
- or
gani
zatio
n th
at su
bmits
dat
a to
the
Agen
cy fo
r Che
mic
als
can
desi
gnat
e ce
rtai
n da
ta a
s cla
ssifi
ed. S
ame
prov
isio
n in
Law
on
Bioc
ide
Prod
ucts
(Art
. 46,
but
lim
ited
by p
rovi
sion
s of t
he A
rt. 4
7).
Dat
a fl o
w a
mon
g in
stitu
tions
and
from
pol
lute
rs
to th
e En
viro
nmen
tal P
rote
ctio
n Ag
ency
is a
t an
unsa
tisfa
ctor
y le
vel;
but w
ith a
tren
d of
con
tinuo
us
impr
ovem
ent;
orga
niza
tions
obl
iged
to su
bmit
to
the
Envi
ronm
enta
l Pro
tect
ion
Agen
cy (e
ven
stat
e in
stitu
tions
) fre
quen
tly la
bel c
erta
in d
ata
as u
nava
ilabl
e fo
r pub
lic d
iscl
osur
e - e
spec
ially
“raw
dat
a”.
It is
nec
essa
ry to
defi
ne
clea
r and
pre
cise
“rul
es
of c
ondu
ct” i
nclu
ding
m
ore
prec
ise
crite
ria
(at n
atio
nal l
evel
) for
ex
empt
ing
info
rmat
ion
from
bei
ng p
ublis
hed.
108
AN
NE
X 2
Pu
bli
c P
art
icip
ati
on
- A
cco
rda
nce
wit
h t
he
Aa
rhu
s C
on
ve
nti
on
Re
qu
ire
me
nts
Tab
le A
nn
ex
2: P
ub
lic
pa
rtic
ipa
tio
n -
acc
ord
an
ce w
ith
th
e A
arh
us
con
ve
nti
on
re
qu
ire
me
nts
, pro
ble
ms
in im
ple
me
nta
tio
n a
nd
ga
ps
Art
.A
arh
us
Co
nv
en
tio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
ia
6.Pu
blic
par
ticip
atio
n in
dec
isio
ns o
n sp
ecifi
c ac
tiviti
esPA
RTLY
The
Law
on
Envi
ronm
enta
l Im
pact
Ass
essm
ent (
2004
) and
the
Law
on
Inte
grat
ed
Envi
ronm
enta
l Pol
lutio
n Pr
even
tion
and
Cont
rol (
2004
).EI
A, I
PPC
are
not f
easi
ble
with
out s
uppo
rtin
g ar
ticle
s in
othe
r sec
tora
l law
s/su
b-la
ws,
like
the
Law
on
Plan
ning
and
Con
stru
ctio
n.Th
e pr
oced
ure
rela
ted
to p
ublic
insi
ght,
pres
enta
tion
and
deba
te o
n th
e en
viro
nmen
tal i
mpa
ct a
sses
smen
t is r
egul
ated
by
the
Rule
book
on
the
cont
ent,
layo
ut a
nd m
etho
ds o
f kee
ping
a p
ublic
regi
ster
on
cond
ucte
d pr
oced
ures
and
dec
isio
ns m
ade
rela
ted
to e
nviro
nmen
tal i
mpa
ct a
sses
smen
t (O
ffi ci
al G
azet
te o
f RS,
No.
69/
05),
Rule
book
on
the
wor
k of
the
envi
ronm
enta
l im
pact
ass
essm
ent s
tudy
tech
nica
l com
mis
sion
(Offi
cial
Gaz
ette
of R
S, N
o. 6
9/05
), Ru
lebo
ok o
n th
e pr
oced
ure
of p
ublic
ac
cess
, pre
sent
atio
n an
d pu
blic
deb
ate
on th
e en
viro
nmen
tal i
mpa
ct a
sses
smen
t stu
dy (O
ffi ci
al G
azet
te o
f RS,
No.
69/
05).
The
stan
dard
s and
inst
ruct
ions
rela
ted
to th
e qu
ality
of r
elev
ant i
nfor
mat
ion
have
not
bee
n se
t.Th
e pr
oced
ure
regu
latin
g th
e su
perv
isio
n of
the
man
ner i
n w
hich
the
com
pete
nt
auth
ority
han
dles
pub
lic o
pini
on h
as n
ot b
een
defi n
ed.
The
docu
men
ts c
lass
ifi ed
as b
usin
ess,
offi c
ial o
r sta
te se
cret
s are
exc
lude
d fro
m th
e ob
ligat
ion
of p
ublic
dis
clos
ure
(this
doe
s no
t pre
vent
the
disc
losu
re o
f dat
a re
latin
g to
em
issi
ons,
risks
from
acc
iden
ts, m
onito
ring
resu
lts a
nd in
spec
tion
surv
eys)
.
6.1
1. R
equi
res P
artie
s to
guar
ante
e pu
blic
par
ticip
atio
n in
dec
isio
n-m
akin
g w
ith a
pot
entia
lly si
gnifi
cant
env
ironm
enta
l im
pact
:• l
ist o
f act
iviti
es (A
nnex
1),
• non
-list
ed a
ctiv
ities
, whi
ch c
an si
gnifi
cant
ly a
ff ect
the
envi
ronm
ent
• nat
iona
l def
ence
exe
mpt
ion.
YES
On
the
basi
s of t
he L
aw o
n En
viro
nmen
tal I
mpa
ct A
sses
smen
t: D
ecre
e on
est
ablis
hing
the
list o
f pro
ject
s for
whi
ch th
e im
pact
as
sess
men
t is m
anda
tory
and
the
list o
f pro
ject
s for
whi
ch E
IA c
an b
e re
ques
ted
(Offi
cial
Gaz
ette
of R
S, N
o.11
4/08
).Li
sts a
re n
ot fu
lly in
acc
orda
nce
with
the
Aar
hus C
onve
ntio
n lis
t and
EU
.D
ecre
e on
type
s of a
ctiv
ities
and
inst
alla
tions
for w
hich
an
inte
grat
ed li
cens
e ca
n be
obt
aine
d (O
ffi ci
al
Gaz
ette
of R
S, N
o. 8
4/05
), as
a b
y-la
w to
the
Law
on
Inte
grat
ed E
nviro
nmen
tal P
ollu
tion
Prev
entio
n an
d Co
ntro
l (20
04),
prov
ides
a li
st o
f act
iviti
es th
at a
re su
bjec
t to
this
pro
cedu
re.
An
exce
ptio
n in
term
s of i
ts a
pplic
atio
n is
rela
ted
to th
e re
quire
men
ts o
f nat
iona
l def
ence
.YE
SO
n th
e ba
sis o
f the
Law
on
Envi
ronm
enta
l Im
pact
Ass
essm
ent:
Dec
ree
on e
stab
lishi
ng th
e lis
t of p
roje
cts f
or w
hich
the
impa
ct
asse
ssm
ent i
s man
dato
ry a
nd th
e lis
t of p
roje
cts f
or w
hich
EIA
can
be
requ
este
d (O
ffi ci
al G
azet
te o
f RS,
No.
114/
08)
The
list o
f act
iviti
es is
not
in a
ccor
danc
e w
ith th
e an
nex
to th
e A
arhu
s Con
vent
ion.
Dec
ree
on ty
pes o
f act
iviti
es a
nd in
stal
latio
ns fo
r whi
ch a
n in
tegr
ated
lice
nse
can
be o
btai
ned
(Offi
cial
G
azet
te o
f RS,
No.
84/0
5) a
s a b
y-la
w to
the
Law
on
Inte
grat
ed E
nviro
nmen
tal P
ollu
tion
Prev
entio
n an
d Co
ntro
l (20
04),
prov
ides
a li
st o
f act
iviti
es th
at a
re su
bjec
t to
this
pro
cedu
re.
Ther
e is
a n
atio
nal d
efen
ce e
xem
ptio
n.
109
Art
.A
arh
us
Co
nv
en
tio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
ia
6.2
2. T
he p
ublic
con
cern
ed sh
all b
e in
form
ed, e
ither
by
publ
ic n
otic
e or
in
divi
dual
ly a
s app
ropr
iate
, ear
ly in
an
envi
ronm
enta
l dec
isio
n-m
akin
g pr
oced
ure,
and
in a
n ad
equa
te, t
imel
y an
d eff
ect
ive
man
ner,
inte
r alia
:(a
) The
pro
pose
d ac
tivity
and
the
appl
icat
ion
on w
hich
a d
ecis
ion
will
be
take
n;(b
) The
nat
ure
of p
ossi
ble
deci
sion
s or t
he d
raft
dec
isio
n;(c
) The
pub
lic a
utho
rity
resp
onsi
ble
for m
akin
g th
e de
cisi
on;
(d) T
he e
nvis
aged
pro
cedu
re, i
nclu
ding
, as a
nd
whe
n th
is in
form
atio
n ca
n be
pro
vide
d:(i)
The
com
men
cem
ent o
f the
pro
cedu
re;
(ii) T
he o
ppor
tuni
ties f
or th
e pu
blic
to p
artic
ipat
e;(ii
i) Th
e tim
e an
d ve
nue
of a
ny e
nvis
aged
pub
lic h
earin
g;(iv
) An
indi
catio
n of
the
publ
ic a
utho
rity
from
whi
ch re
leva
nt
info
rmat
ion
can
be o
btai
ned
and
whe
re th
e re
leva
nt in
form
atio
n ha
s bee
n de
posi
ted
for e
xam
inat
ion
by th
e pu
blic
;(v
) An
indi
catio
n of
the
rele
vant
pub
lic a
utho
rity
or a
ny o
ther
offi
cial
bo
dy to
whi
ch c
omm
ents
or q
uest
ions
can
be
subm
itted
and
of t
he
time
sche
dule
for t
rans
mitt
al o
f com
men
ts o
r que
stio
ns; a
nd(v
i) A
n in
dica
tion
of w
hat e
nviro
nmen
tal i
nfor
mat
ion
rele
vant
to th
e pr
opos
ed a
ctiv
ity is
ava
ilabl
e; a
nd(e
) The
fact
that
the
activ
ity is
subj
ect t
o a
natio
nal o
r tra
nsbo
unda
ry
envi
ronm
enta
l im
pact
ass
essm
ent p
roce
dure
.
PART
LYPu
blic
is in
volv
ed e
arly
eno
ugh
in th
e pr
oces
s of E
IA, I
PPC,
but
in o
ther
law
s not
ear
ly e
noug
h: S
eves
o di
rect
ives
, Nat
ure
Prot
ectio
n La
w.
No
anal
ysis
is a
vaila
ble
on h
ow a
dequ
atel
y, ti
mel
y, e
ff ect
ivel
y is
the
publ
ic n
otifi
ed. T
he p
relim
inar
y ex
pert
ass
essm
ent o
f th
e m
anne
r in
whi
ch th
e pu
blic
is in
form
ed p
oint
s out
that
the
syst
em is
not
eff e
ctiv
e, e
spec
ially
at t
he lo
cal l
evel
.EI
A la
w d
efi n
es m
inim
um c
onte
nt o
f the
info
rmat
ion
that
shou
ld b
e di
ssem
inat
ed to
the
publ
ic. P
ublic
shou
ld
be n
otifi
ed if
the
activ
ity is
a su
bjec
t of t
rans
boun
dary
pro
cedu
re -
ther
e is
a d
iff er
ent i
nter
pret
atio
n if
this
no
tifi c
atio
n (a
bout
tran
sbou
ndar
y eff
ect
s) is
mad
e at
an
early
stag
e an
d if
it fo
rmal
ly re
spon
ds to
requ
irem
ents
of
the
Aar
hus C
onve
ntio
n. W
hen
it co
mes
to th
e IP
PC a
ll m
entio
ned
aspe
cts a
re w
ell r
egul
ated
.PA
RTLY
Publ
ic is
not
invo
lved
ear
ly e
noug
h in
the
proc
ess
YES
The
issu
es a
re d
ealt
with
in m
ore
deta
il in
the
Rule
book
on
cont
ent o
f req
uest
for t
he n
eede
d im
pact
ass
essm
ent a
nd o
n co
nten
t of r
eque
sts f
or sp
ecifi
catio
n of
scop
e an
d co
nten
t of t
he e
nviro
nmen
tal i
mpa
ct a
sses
smen
t stu
dy (O
ffi ci
al G
azet
te
of R
S, N
o. 6
9/05
), Ru
lebo
ok o
n co
nten
t of e
nviro
nmen
tal i
mpa
ct a
sses
smen
t stu
dy (O
ffi ci
al G
azet
te o
f RS,
No.
69/
05).
6.3
3. T
he p
ublic
par
ticip
atio
n pr
oced
ures
shal
l inc
lude
reas
onab
le ti
me-
fram
es fo
r the
diff
eren
t pha
ses,
allo
win
g su
ffi ci
ent t
ime
for i
nfor
min
g th
e pu
blic
in a
ccor
danc
e w
ith P
arag
raph
2 a
bove
and
for t
he p
ublic
to p
repa
re
and
part
icip
ate
eff e
ctiv
ely
durin
g th
e en
viro
nmen
tal d
ecis
ion-
mak
ing.
YES
YES
6.4
4. E
ach
Part
y sh
all p
rovi
de fo
r ear
ly p
ublic
par
ticip
atio
n, w
hen
all
optio
ns a
re o
pen
and
eff e
ctiv
e pu
blic
par
ticip
atio
n ca
n ta
ke p
lace
.PA
RTLY
Yes i
n EI
A, I
PPC,
par
tly o
r no
in o
ther
law
s, Se
veso
dire
ctiv
es, N
atur
e Pr
otec
tion
Law
.Th
ere
are
no p
erfo
rman
ce a
nd q
ualit
y st
anda
rds o
f pub
lic p
artic
ipat
ion
whi
ch o
ften
resu
lts in
pro
form
a pu
blic
par
ticip
atio
n.N
o pe
rfor
man
ce a
nd q
ualit
y st
anda
rds r
elat
ed to
pub
lic p
artic
ipat
ion.
Oft
en, p
ro fo
rma
publ
ic p
artic
ipat
ion,
the
publ
ic is
not
invo
lved
ear
ly e
noug
h in
the
proc
ess.
6.5
5. E
ach
Part
y sh
ould
, whe
re a
ppro
pria
te, e
ncou
rage
pro
spec
tive
appl
ican
ts to
pr
ovid
e in
form
atio
n co
ncer
ning
the
aim
s beh
ind
subm
ittin
g re
ques
t, id
entif
y th
e pu
blic
con
cern
ed, t
o en
ter i
nto
disc
ussi
ons,
and
to p
rovi
de in
form
atio
n re
gard
ing
the
obje
ctiv
es o
f the
ir ap
plic
atio
n be
fore
app
lyin
g fo
r a p
erm
it.
NO
No
(eff e
ctiv
e) e
ncou
rage
men
t mea
sure
s are
set b
y th
e la
w.
The
phas
es o
f the
Env
ironm
enta
l Im
pact
Ass
essm
ent p
roce
dure
s are
list
ed in
the
2004
Law
on
Envi
ronm
enta
l Im
pact
Ass
essm
ent (
Artic
le 6
).D
ialo
gue
inst
rum
ents
par
tially
dev
elop
ed, b
ut m
issi
ng a
dditi
onal
act
iviti
es to
enc
oura
ge p
artic
ipat
ion.
A la
rge
part
of c
ivil
soci
ety
still
doe
s not
take
par
t in
cons
ulta
tions
.
6.6
6. P
arag
raph
6 re
quire
s Par
ties t
o im
pose
an
oblig
atio
n on
pub
lic a
utho
ritie
s to
prov
ide
the
publ
ic c
once
rned
with
acc
ess t
o al
l ava
ilabl
e in
form
atio
n re
leva
nt to
a
deci
sion
-mak
ing
proc
edur
e co
vere
d by
Art
icle
6, s
ubje
ct to
cer
tain
lim
itatio
ns
YES
Avai
labi
lity
of a
ll in
form
atio
n is
pro
vide
d in
the
law
s (de
liver
y of
doc
umen
ts o
n re
ques
t for
issu
ing
the
perm
it –
draf
t IPP
C pe
rmit)
.YE
STh
e co
mpe
tent
aut
horit
y pr
ovid
es p
ublic
insi
ght,
pres
enta
tion
and
cond
ucts
a p
ublic
deb
ate
on th
e en
viro
nmen
tal i
mpa
ct a
sses
smen
t. Th
e au
thor
ity re
spon
sibl
e fo
r env
ironm
enta
l im
pact
ass
essm
ent i
s the
bo
dy re
spon
sibl
e fo
r env
ironm
enta
l pro
tect
ion,
with
in th
e sc
ope
of th
e du
ties d
efi n
ed b
y la
w.
Min
imum
con
tent
- ye
s.
6.7
7. P
roce
dure
s for
pub
lic p
artic
ipat
ion
shal
l allo
w th
e pu
blic
to su
bmit,
in w
ritin
g or
, as
app
ropr
iate
, at
a pu
blic
hea
ring
or in
quiry
with
the
app
lican
t, an
y co
mm
ents
, in
form
atio
n, a
naly
ses o
r opi
nion
s tha
t it c
onsi
ders
rele
vant
to th
e pr
opos
ed a
ctiv
ity.
YES
YES
Art
icle
6 o
f the
Law
on
Envi
ronm
enta
l Im
pact
Ass
essm
ent (
2004
) sta
tes t
he p
hase
s of t
he im
pact
ass
essm
ent p
roce
dure
.
110
Art
.A
arh
us
Co
nv
en
tio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
ia
6.8
8. E
ach
Part
y sh
all e
nsur
e th
at in
the
deci
sion
due
acc
ount
is ta
ken
of th
e ou
tcom
e of
the
publ
ic p
artic
ipat
ion
PART
LYYE
S fo
r EIA
, IPP
C, S
eves
o di
rect
ives
. It i
s no
t pre
cise
ly re
gula
ted
for e
ff ect
ive
impl
emen
tatio
n in
the
prac
tice.
No
for N
atur
e Pr
otec
tion
Law
.M
ore
deta
iled
anal
ysis
is n
eede
d to
see
how
eff e
ctiv
ely
are
the
outc
omes
of p
ublic
par
ticip
atio
n ta
ken
into
con
side
ratio
n w
hen
fi nal
de
cisi
ons
are
mad
e, b
ut p
relim
inar
y as
sess
men
t poi
nts
out t
he la
ck o
f effi
cien
cy in
that
sph
ere.
Writ
ten
expl
anat
ion
abou
t how
pub
lic
com
men
ts a
re ta
ken
into
acc
ount
is ra
rely
use
d an
d fe
edba
ck to
pub
lic is
not
pro
vide
d.N
OTh
e co
mpe
tent
aut
horit
y sh
all s
ubm
it th
e EI
A S
tudy
to th
e Te
chni
cal
Com
mis
sion
, tog
ethe
r with
the
syst
emat
ised
repo
rt o
n th
e op
inio
n of
the
inte
rest
ed b
odie
s, or
gani
satio
ns a
nd th
e pu
blic
con
cern
ed
and
the
repo
rt o
n th
e co
mpl
eted
impa
ct a
sses
smen
t pro
cedu
re (A
rtic
le 2
1).
The
outc
omes
of p
ublic
par
ticip
atio
n ex
erci
ses a
re u
sual
ly n
ot ta
ken
into
con
side
ratio
n w
hen
fi nal
dec
isio
ns a
re m
ade.
6.9
9. E
ach
Part
y sh
all e
nsur
e th
at, w
hen
the
deci
sion
has
bee
n ta
ken
by t
he p
ublic
au
thor
ity, t
he p
ublic
is p
rom
ptly
info
rmed
of t
he d
ecis
ion
in a
ccor
danc
e w
ith th
e ap
prop
riate
pro
cedu
res.
Each
Par
ty s
hall
mak
e ac
cess
ible
to th
e pu
blic
the
text
of
the
deci
sion
alo
ng w
ith th
e re
ason
s an
d co
nsid
erat
ions
on
whi
ch th
e de
cisi
on is
ba
sed.
NO
The
regu
latio
ns re
quire
that
onl
y th
e te
xt o
f the
dec
isio
n be
pro
vide
d, b
ut n
ot th
e ju
stifi
catio
n (E
IA, I
PPC,
Sev
eso
dire
ctiv
es)
YES
The
com
pete
nt a
utho
rity
shal
l inf
orm
the
auth
oriti
es, o
rgan
isat
ions
and
the
publ
ic c
once
rned
abo
ut it
s de
cisi
on w
ithin
ten
days
from
th
e da
te o
f its
ado
ptio
n (A
rtic
le 2
5).
The
com
pete
nt a
utho
rity
shal
l inf
orm
the
publ
ic a
bout
its
deci
sion
s by
pub
lishi
ng it
in a
t lea
st o
ne lo
cal p
aper
in e
ach
of th
e offi
cia
l la
ngua
ges
in u
se o
n th
e te
rrito
ry t
hat
will
be
aff e
cted
by
the
plan
ned
proj
ect
or a
ctiv
ity. T
he c
ompe
tent
aut
horit
y sh
all i
nfor
m t
he
auth
oriti
es a
nd o
rgan
isat
ions
con
cern
ed in
the
writ
ten
form
. The
info
rmat
ion
may
be
dist
ribut
ed th
roug
h th
e el
ectr
onic
med
ia a
s wel
l.Th
ere
are
no e
ff ect
ive
mec
hani
sms f
or in
form
ing
the
publ
ic a
bout
the
reac
hed
deci
sion
s.
6.10
10. E
ach
Part
y sh
all e
nsur
e th
at, w
hen
a pu
blic
aut
horit
y re
cons
ider
s or
upd
ates
th
e op
erat
ing
cond
ition
s fo
r an
activ
ity re
ferr
ed to
in p
arag
raph
1, t
he p
rovi
sion
s of
par
agra
phs
2 to
9 o
f th
is a
rtic
le a
re a
pplie
d m
utat
is m
utan
dis,
and
whe
re
appr
opria
te.
YES
IPPC
, EIA
, Sev
eso
dire
ctiv
es
6.11
11. P
arag
raph
app
lies t
o th
e de
cisi
ons o
n G
MO
s.N
OSe
e Su
bsec
tion
3.8.
on
GM
OPA
RTLY
See
Subs
ectio
n 3.
8. o
n G
MO
.
7.Pu
blic
par
ticip
atio
n co
ncer
ning
pla
ns, p
rogr
amm
es a
nd p
olic
ies
rela
ting
to t
he
envi
ronm
ent
111
Art
.A
arh
us
Co
nv
en
tio
nA
cco
rda
nce
in t
he
Re
pu
bli
c o
f S
erb
ia
7.1
Requ
ires
part
ies
to p
rovi
de p
ublic
par
ticip
atio
n du
ring
prep
arat
ion
of p
lans
and
pr
ogra
mm
es r
elat
ing
to t
he e
nviro
nmen
t in
tra
nspa
rent
and
fair
fram
ewor
k an
d pr
ovid
e ne
cess
ary
info
rmat
ion.
NO
The
impl
emen
tatio
n of
the
env
ironm
enta
l im
pact
ass
essm
ents
has
not
bee
n el
abor
ated
for
the
pla
ns, p
rogr
amm
es a
nd b
ases
in
the
fi eld
s of
agr
icul
ture
, for
estr
y, fi
shin
g, h
untin
g, e
nerg
y pr
oduc
tion,
indu
stry
, tra
nspo
rt, w
aste
man
agem
ent,
wat
er m
anag
emen
t, te
leco
mm
unic
atio
ns, t
ouris
m, p
rese
rvat
ion
of n
atur
al h
abita
ts a
nd w
ildlif
e (fl
ora
and
faun
a), a
lthou
gh t
his
is t
he s
cope
of
Art
icle
5
of th
e La
w o
n St
rate
gic
Impa
ct A
sses
smen
t on
the
Envi
ronm
ent.
The
proc
edur
es fo
r det
erm
inin
g th
e im
pact
of i
ndiv
idua
l pla
ns a
nd
prog
ram
mes
on
the
envi
ronm
ent a
nd h
ealth
hav
e no
t bee
n el
abor
ated
eith
er. T
he o
pera
tiona
l coo
pera
tion
betw
een
the
com
pete
nt
min
istr
ies
has
not b
een
esta
blis
hed
and
cons
eque
ntly
the
publ
ic c
once
rned
has
not
bee
n gi
ven
the
oppo
rtun
ity to
par
ticip
ate
in th
e as
sess
men
t of p
lans
and
pro
gram
mes
in a
ccor
danc
e w
ith th
is la
w (A
rtic
le 9
).YE
S, L
IMIT
EDTh
e La
w o
n St
rate
gic
Impa
ct A
sses
smen
t on
the
Envi
ronm
ent (
2004
) reg
ulat
es th
e co
nditi
ons,
met
hods
and
pro
cedu
re a
ccor
ding
to
whi
ch th
e as
sess
men
t of i
mpa
ct o
f cer
tain
pla
ns a
nd p
rogr
amm
es o
n th
e en
viro
nmen
t sha
ll be
car
ried
out (
Artic
le 1
).A
str
ateg
ic a
sses
smen
t is
carr
ied
out o
nly
in th
e fi e
lds
of s
patia
l and
tow
n pl
anni
ng o
r lan
d us
e pl
anni
ng. I
t is
the
resp
onsi
bilit
y of
the
tow
n pl
anni
ng a
utho
rity.
The
Law
on
Plan
ning
and
Con
stru
ctio
n su
ppor
ts th
e im
plem
enta
tion
of a
stra
tegi
c im
pact
ass
essm
ent.
The
stra
tegi
c as
sess
men
t rep
ort a
nd th
e re
sults
of p
artic
ipat
ion
of th
e au
thor
ities
and
org
anis
atio
ns a
nd p
ublic
con
cern
ed a
nd o
ther
st
ates
in c
ases
of t
rans
boun
dary
impa
ct sh
ould
mak
e in
tegr
al p
arts
of t
he d
ocum
enta
tion
basi
s of p
lans
and
pro
gram
mes
(Art
icle
24)
.N
OTh
e pa
rtic
ipat
ion
of t
he w
ider
pub
lic in
the
pro
cess
of w
ater
man
agem
ent
plan
pre
para
tion
(Art
icle
38)
stip
ulat
ed in
the
Wat
er L
aw
(201
0) is
not
at a
sat
isfa
ctor
y le
vel:
the
poss
ibili
ties
for a
join
t im
plem
enta
tion
stra
tegy
hav
e no
t bee
n us
ed (i
.e. a
s de
fi ned
in E
U W
ater
Fr
amew
ork
Dire
ctiv
e). T
he p
lan
for p
rote
ctio
n fro
m c
hem
ical
acc
iden
ts (2
009
Law
on
Envi
ronm
enta
l Pro
tect
ion)
doe
s not
defi
ne
publ
ic
part
icip
atio
n. O
nly
the
fi nal
repo
rt o
n th
e st
ate
of s
ecur
ity h
as to
be
subm
itted
to t
he p
ublic
. The
lega
l bas
is fo
r par
ticip
atio
n of
the
pu
blic
and
ass
ocia
tions
in th
e de
cisi
on m
akin
g pr
oces
s is c
ontin
uous
ly e
xpan
ding
(Law
on
Nat
ure
Prot
ectio
n, 2
009;
Law
on
GM
O, 2
009)
.N
O, P
ART
LYTh
e La
w o
n St
rate
gic
Impa
ct A
sses
smen
t on
the
Envi
ronm
ent (
2004
) reg
ulat
es th
e co
nditi
ons,
met
hods
and
pro
cedu
re a
ccor
ding
to
whi
ch th
e as
sess
men
t of i
mpa
ct o
f cer
tain
pla
ns a
nd p
rogr
amm
es o
n th
e en
viro
nmen
t sha
ll be
car
ried
out (
Artic
le 1
).Th
e im
plem
enta
tion
of t
he e
nviro
nmen
tal i
mpa
ct a
sses
smen
ts h
as n
ot b
een
elab
orat
ed f
or t
he p
lans
, pro
gram
mes
and
bas
es in
th
e fi e
lds
of a
gric
ultu
re, f
ores
try,
fi sh
ing,
hun
ting,
ene
rgy
prod
uctio
n, in
dust
ry, t
rans
port
, was
te m
anag
emen
t, w
ater
man
agem
ent,
tele
com
mun
icat
ions
, tou
rism
, pre
serv
atio
n of
nat
ural
hab
itats
and
wild
life
(fl or
a an
d fa
una)
, alth
ough
this
is th
e sc
ope
of A
rtic
le 5
of t
he
Law
on
Stra
tegi
c Im
pact
Ass
essm
ent o
n th
e En
viro
nmen
t.Th
e pr
oced
ures
for
det
erm
inin
g th
e im
pact
of
indi
vidu
al p
lans
and
pro
gram
mes
on
the
envi
ronm
ent
and
heal
th h
ave
not
been
el
abor
ated
eith
er. T
he o
pera
tiona
l coo
pera
tion
betw
een
the
com
pete
nt m
inis
trie
s ha
s no
t be
en e
stab
lishe
d an
d co
nseq
uent
ly t
he
publ
ic c
once
rned
has
not
bee
n gi
ven
the
oppo
rtun
ity to
par
ticip
ate
in th
e as
sess
men
t of p
lans
and
pro
gram
mes
in a
ccor
danc
e w
ith
this
law
(Art
icle
9).
A s
trat
egic
ass
essm
ent i
s ca
rrie
d ou
t onl
y in
the
fi eld
s of
spa
tial a
nd to
wn
plan
ning
or l
and
use
plan
ning
. It i
s th
e re
spon
sibi
lity
of th
e to
wn
plan
ning
aut
horit
y. T
he L
aw o
n Pl
anni
ng a
nd C
onst
ruct
ion
supp
orts
the
impl
emen
tatio
n of
a st
rate
gic
impa
ct a
sses
smen
t.N
OAc
cord
ing
to th
e EP
R, th
e pa
rtic
ipat
ion
of th
e w
ider
pub
lic in
the
prep
arat
ion
of th
e w
ater
man
agem
ent p
lan
(Art
icle
38)
, is s
tipul
ated
in
the
Wat
er L
aw (2
010)
but
not
to a
suffi
cien
t deg
ree.
The
lega
l bas
is fo
r par
ticip
atio
n of
the
publ
ic a
nd a
ssoc
iatio
ns in
the
deci
sion
mak
ing
proc
ess i
s con
tinuo
usly
exp
andi
ng (L
aw o
n N
atur
e Pr
otec
tion,
200
9; L
aw o
n G
MO
, 200
9; L
aw o
n Ag
ricul
ture
and
Rur
al D
evel
opm
ent 2
009,
etc
.).
8.Pu
blic
par
ticip
atio
n du
ring
the
prep
arat
ion
of e
xecu
tive
regu
latio
ns a
nd/o
r ge
nera
lly a
pplic
able
lega
lly b
indi
ng n
orm
ativ
e in
stru
men
ts
8.1
1. T
he C
onve
ntio
n re
cogn
izes
tha
t, in
add
ition
to
the
right
s to
tak
e pa
rt in
bas
ic
deci
sion
s aff
ect
ing
thei
r liv
es,
mem
bers
of
the
publ
ic a
lso
part
icip
ates
in
the
prep
arat
ion
of re
gula
tions
.
PART
LYTh
e La
w o
n St
ate
Adm
inis
trat
ion
(Art
icle
77)
sta
tes
that
a p
ublic
deb
ate
is m
anda
tory
as
part
of t
he p
repa
ratio
n pr
oced
ure
rela
ted
to
a la
w w
hich
ess
entia
lly c
hang
es th
e le
gal r
egim
e in
one
fi el
d or
whi
ch re
gula
tes
issu
es o
f par
ticul
ar re
leva
nce
to th
e pu
blic
. The
pub
lic
deba
te p
roce
dure
is re
gula
ted
in d
etai
l by
the
Rule
s of
Pro
cedu
re o
f the
Gov
ernm
ent (
Offi
cial
Gaz
ette
of R
S, N
os. 6
1/06
, 69
/08,
88/
09,
33/1
0 an
d 69
/10)
, nam
ely,
the
Rule
s of P
roce
dure
of t
he N
atio
nal A
ssem
bly
of th
e Re
publ
ic o
f Ser
bia
(Offi
cial
Gaz
ette
of R
S, N
o. 5
6/05
) in
case
of t
he le
gisl
atio
n pa
ssed
by
the
Nat
iona
l Ass
embl
y.Pu
blic
deb
ate
can,
in a
lim
ited
sens
e, b
e vi
ewed
as f
ull p
artic
ipat
ion
of th
e pu
blic
in a
dec
isio
n m
akin
g pr
oces
s.
112
ANNEX 3 Access to Justice - Requirements of the Aarhus Convention Accordance with Legislation, Gaps and Problems in Implementation in the Republic of Serbia
List of environmental laws which were analysed is provided in Section 3.
Annex 3 includes only those laws which have some accordance with the Aarhus Convention access to justice requirements. Th ose which are not in accordance with any access to justice requirements are excluded.
LEP LAW ON ENVIRONMENTAL PROTECTION (Offi cial Gazette of RS, No. 135/04) LAW ON AMENDMENTS OF THE LAW ON ENVIRONMENTAL PROTECTION (Offi cial Gazette of RS,
No. 36/09)LEIA LAW ON ENVIRONMENTAL IMPACT ASSESSMENT (Offi cial Gazette of RS, No. 135/04)LAW ON AMENDMENTS OF THE LAW ON ENVIRONMENTAL IMPACT ASSESSMENT (Offi cial
Gazette of RS, No. 36/09)LSEA LAW ON STRATEGIC IMPACT ASSESSMENT ON THE ENVIRONMENT (Offi cial
Gazette of RS, No. 135/04)LIPPC LAW ON INTEGRATED POLLUTION PREVENTION AND CONTROL (Offi cial Gazette
of RS, No. 135/04)LCh LAW ON CHEMICALS (Offi cial Gazette of RS, No. 36/09)LBP LAW ON BIOCIDAL PRODUCTS (Offi cial Gazette of RS, No. 36/09)APL AIR PROTECTION LAW (Offi cial Gazette of RS, No. 36/09)NPL NATURE PROTECTION LAW (Offi cial Gazette of RS, No. 36/09)Noise LAW ON PROTECTION AGAINST NOISE IN ENVIRONMENT (Offi cial Gazette of RS,
No. 36/09)
113
Tab
le A
nn
ex
3.1
: Acc
ess
to
ju
stic
e a
cco
rda
nce
wit
h L
aw
on
en
vir
on
me
nt
pro
tec
tio
n, l
aw
on
en
vir
on
me
nta
l
imp
ac
t a
sse
ssm
en
t a
nd
law
on
str
ate
gic
imp
ac
t a
sse
ssm
en
t o
n t
he
en
vir
on
me
nt
AC
CE
SS
TO
JS
UT
ICE
LE
PL
EP
LE
IAL
EIA
LS
EA
LS
EA
A
cco
rda
nce
in t
he
R
ep
ub
lic
of
Se
rbia
Ex
pla
na
tio
nA
cco
rda
nce
in
the
Re
pu
bli
c o
f S
erb
ia
Ex
pla
na
tio
nA
cco
rda
nce
in t
he
R
ep
ub
lic
of
Se
rbia
Ex
pla
na
tio
n
9.Ac
cess
to ju
stic
e
9.1
1. E
ach
Part
y sh
all,
with
in th
e fra
mew
ork
of it
s na
tiona
l leg
isla
tion,
ens
ure
that
any
per
son
who
con
side
rs th
at h
is o
r her
requ
est f
or
info
rmat
ion
unde
r art
icle
4 h
as b
een
igno
red,
w
rong
fully
refu
sed,
whe
ther
in p
art o
r in
full,
in
adeq
uate
ly a
nsw
ered
, or o
ther
wis
e no
t dea
lt w
ith in
acc
orda
nce
with
the
prov
isio
ns o
f th
at a
rtic
le, h
as a
cces
s to
a re
view
pro
cedu
re
befo
re a
cou
rt o
f law
or a
noth
er in
depe
nden
t an
d im
part
ial b
ody
esta
blis
hed
by la
w.
In th
e ci
rcum
stan
ces w
here
a P
arty
pro
vide
s for
su
ch a
revi
ew b
y a
cour
t of l
aw, i
t sha
ll en
sure
that
su
ch a
per
son
also
has
acc
ess t
o an
exp
editi
ous
proc
edur
e es
tabl
ishe
d by
law
that
is fr
ee o
f ch
arge
or i
nexp
ensi
ve fo
r rec
onsi
dera
tion
by a
pu
blic
aut
horit
y or
revi
ew b
y an
inde
pend
ent
and
impa
rtia
l bod
y ot
her t
han
a co
urt o
f law
.Fi
nal d
ecis
ions
und
er th
is p
arag
raph
1 sh
all
be b
indi
ng o
n th
e pu
blic
aut
horit
y ho
ldin
g th
e in
form
atio
n. R
easo
ns sh
all b
e st
ated
in
writ
ing,
at l
east
whe
re a
cces
s to
info
rmat
ion
is re
fuse
d un
der t
his p
arag
raph
.
YES
[und
er-r
egul
ated
issu
e]YE
S[R
elat
es to
the
entir
e A
rtic
le 9
(Par
agra
phs
1-5)
, reg
ardi
ng to
the
leve
l and
in th
e sc
ope
of
invo
lvem
ent o
f pub
lic
and
publ
ic c
once
rned
in
an
EIA
pro
cedu
re]
NO
“Rig
ht to
just
ice”
is a
ne
w te
rm in
the
lega
l sy
stem
of R
epub
lic o
f Se
rbia
, not
defi
ned
] O
nly
publ
ic c
once
rned
.
LEP
“Prin
cipl
e of
pro
tect
ion
of
right
to h
ealth
y en
viro
nmen
t an
d ac
cess
to ju
stic
e –
citiz
ens
or g
roup
s of c
itize
ns, t
heir
asso
ciat
ions
, pro
fess
iona
l an
d ot
her o
rgan
izat
ions
, re
aliz
e th
eir r
ight
to a
hea
lthy
envi
ronm
ent b
efor
e th
e co
mpe
tent
aut
horit
y or
cou
rt
in a
ccor
danc
e w
ith th
e la
w.
On
the
proc
edur
e of
pu
blic
insp
ectio
n, p
ublic
pr
esen
tatio
n an
d pu
blic
he
arin
g re
gard
ing
an
indu
stria
l acc
iden
t Sev
eso
- res
pect
ive
prov
isio
ns
regu
latin
g an
EIA
pro
cedu
re
shal
l be
appl
ied.
Acce
ss to
just
ice:
In a
pr
oced
ure
for r
ealiz
atio
n of
thei
r rig
ht to
a h
ealth
y en
viro
nmen
t, m
embe
rs
of p
ublic
con
cern
ed h
ave
the
right
to in
stig
ate
a pr
oced
ure
for r
evie
win
g of
dec
isio
n be
fore
the
com
pete
nt a
utho
rity
and
cour
t, in
acc
orda
nce
with
th
e la
w (A
rtic
le 8
1a).
YES
Agai
nst [
fi nal
] dec
isio
n [o
f the
com
pete
nt
auth
ority
] con
cern
ing
an E
IA st
udy,
the
publ
ic
conc
erne
d m
ay in
stig
ate
the
adm
inis
trat
ive
cour
t pro
cedu
re.
Com
pete
nt a
utho
rity
has
oblig
atio
n to
pro
vide
to
the
repr
esen
tativ
es o
f pu
blic
acc
ess t
o co
mpl
ete
fi le
(doc
umen
tatio
n)
on th
e co
mpl
eted
EIA
pr
oced
ure,
at r
eque
st
rece
ived
in w
ritte
n fo
rm, w
ithin
15
days
.
NO
No
prov
isio
ns.
114
AC
CE
SS
TO
JS
UT
ICE
LE
PL
EP
LE
IAL
EIA
LS
EA
LS
EA
A
cco
rda
nce
in t
he
R
ep
ub
lic
of
Se
rbia
Ex
pla
na
tio
nA
cco
rda
nce
in
the
Re
pu
bli
c o
f S
erb
ia
Ex
pla
na
tio
nA
cco
rda
nce
in t
he
R
ep
ub
lic
of
Se
rbia
Ex
pla
na
tio
n
9.2
2. E
ach
Part
y sh
all,
with
in th
e fra
mew
ork
of it
s nat
iona
l leg
isla
tion,
ens
ure
that
m
embe
rs o
f the
pub
lic c
once
rned
:(a
) Hav
ing
a su
ffi ci
ent i
nter
est o
r, al
tern
ativ
ely,
(b) M
aint
aini
ng im
pairm
ent o
f a ri
ght,
whe
re
the
adm
inis
trat
ive
proc
edur
al la
w o
f a P
arty
re
quire
s thi
s as a
reco
nditi
on, h
ave
acce
ss to
a
revi
ew p
roce
dure
bef
ore
a co
urt o
f law
and
/or
ano
ther
inde
pend
ent a
nd im
part
ial b
ody
esta
blis
hed
by la
w, t
o ch
alle
nge
the
subs
tant
ive
and
proc
edur
al le
galit
y of
any
dec
isio
n, a
ct o
r om
issi
on su
bjec
t to
the
prov
isio
ns o
f art
icle
6
and,
whe
re so
pro
vide
d fo
r und
er n
atio
nal l
aw
and
with
out p
reju
dice
to p
arag
raph
3 b
elow
, of
othe
r rel
evan
t pro
visi
ons o
f thi
s Con
vent
ion.
Wha
t con
stitu
tes a
suffi
cien
t int
eres
t and
im
pairm
ent o
f a ri
ght s
hall
be d
eter
min
ed in
ac
cord
ance
with
the
requ
irem
ents
of n
atio
nal
law
and
con
sist
ently
with
the
obje
ctiv
e of
gi
ving
the
publ
ic c
once
rned
wid
e ac
cess
to
just
ice
with
in th
e sc
ope
of th
is C
onve
ntio
n.
To th
is e
nd, t
he in
tere
st o
f any
ass
ocia
tion
mee
ting
the
requ
irem
ents
refe
rred
to in
art
icle
2,
par
agra
ph 5
, and
shal
l be
deem
ed su
ffi ci
ent
for t
he p
urpo
se o
f sub
para
grap
h (a
) abo
ve.
Such
org
aniz
atio
ns sh
all a
lso
be d
eem
ed to
ha
ve ri
ghts
cap
able
of b
eing
impa
ired
for
the
purp
ose
of su
bpar
agra
ph (b
) abo
ve.
The
prov
isio
ns o
f thi
s par
agra
ph 2
shal
l not
ex
clud
e th
e po
ssib
ility
of a
pre
limin
ary
revi
ew
proc
edur
e be
fore
an
adm
inis
trat
ive
auth
ority
and
sh
all n
ot a
ff ect
the
requ
irem
ent o
f exh
aust
ion
of a
dmin
istr
ativ
e re
view
pro
cedu
res p
rior t
o re
cour
se to
judi
cial
revi
ew p
roce
dure
s, w
here
su
ch a
requ
irem
ent e
xist
s und
er n
atio
nal l
aw.
YES
(in a
ccor
danc
e w
ith th
e la
w a
nd th
e rig
ht o
f ass
ocia
tions
to
part
icip
ate
in d
ecis
ion
mak
ing
proc
edur
es)
NO
Om
issi
ons
LEP:
Citi
zens
ass
ocia
tions
de
alin
g w
ith e
nviro
nmen
tal
prot
ectio
n, in
ter a
lia, p
ropo
se
activ
ities
and
pro
tect
ive
mea
sure
s, ta
ke p
art i
n de
cisi
on-m
akin
g pr
oced
ures
in
acc
orda
nce
with
the
law
, co
ntrib
ute
or d
irect
ly w
ork
on in
form
ing
[pub
lic] o
n en
viro
nmen
t Eve
rybo
dy…
ha
s rig
ht to
par
ticip
ate
in th
e de
cisi
on-m
akin
g pr
oces
s, w
hen
impl
emen
tatio
n of
the
deci
sion
is li
kely
to im
pact
en
viro
nmen
t Am
endm
ent:
Com
pete
nt a
utho
rity
shal
l in
form
the
publ
ic o
n its
de
cisi
on w
hich
sets
an
oblig
atio
n fo
r an
EIA
stud
y an
d co
ntai
ns in
form
atio
n on
the
cont
ent a
nd sc
ope
of th
e EI
A st
udy,
The
pub
lic
conc
erne
d ha
s the
righ
t to
subm
it an
app
eal a
gain
st
such
dec
isio
n to
the
seco
nd d
egre
e au
thor
ity
YES
the
publ
ic
conc
erne
d (p
ublic
has
no
righ
t to
chal
leng
e)N
OO
mis
sion
s
The
publ
ic c
once
rned
co
mpr
ises
the
publ
ic
whi
ch th
e pr
ojec
t has
an
impa
ct o
n or
is li
kely
to
have
impa
ct o
n, in
clud
ing
asso
ciat
ions
dea
ling
with
en
viro
nmen
tal p
rote
ctio
n an
d re
gist
ered
with
the
com
pete
nt a
utho
rity.
The
deci
sion
of t
he
com
pete
nt a
utho
rity
on th
e ne
cess
ity fo
r an
EIA
pro
cedu
re, i
s su
bjec
t to
poss
ibili
ty
of a
n ad
min
istr
ativ
e ap
peal
aga
inst
dec
isio
n th
at c
an b
e su
bmitt
ed
by th
e m
embe
rs o
f the
pu
blic
con
cern
ed. A
n ad
min
istr
ativ
e ap
peal
ca
n al
so b
e su
bmitt
ed
agai
nst t
he d
ecis
ion
of
the
com
pete
nt a
utho
rity
rela
ted
to th
e sc
ope
and
cont
ent o
f the
EIA
stud
y.
NO
part
ly Y
ES fo
r defi
niti
ons
; the
ir in
tere
st is
vis
ible
fro
m d
efi n
ition
s; bu
t th
e rig
hts p
rovi
ded
by
this
law
are
lim
ited
to
poss
ibili
ty o
f sub
mitt
ing
thei
r opi
nion
s bef
ore
the
com
pete
nt a
utho
ritie
s, w
ithou
t any
pos
sibi
lity
for r
evie
win
g pr
oced
ure
befo
re th
e co
urt o
r an
othe
r ind
epen
dent
an
d im
part
ial b
ody
esta
blis
hed
by la
w.
Defi
niti
ons o
f “pu
blic
” an
d “p
ublic
con
cern
ed”P
rinci
ple
of p
ubic
[i.
e. p
ublic
ity]:
With
the
aim
of i
nfor
min
g th
e pu
blic
on
cert
ain
plan
s and
pro
gram
mes
an
d on
thei
r pos
sibl
e im
pact
on
envi
ronm
ent,
as w
ell a
s with
the
aim
of p
rovi
ding
full
tran
spar
ency
of t
he
proc
edur
e of
dra
ftin
g an
d ad
optio
n of
pla
ns
and
prog
ram
mes
, be
fore
taki
ng a
ny k
ind
of d
ecis
ion,
as w
ell
as a
fter
ado
ptio
n of
a
plan
and
pro
gram
me,
th
e pu
blic
mus
t hav
e ac
cess
to in
form
atio
n re
gard
ing
thos
e pl
ans
and
prog
ram
mes
and
th
eir a
men
dmen
ts.
9.3
3. In
add
ition
and
with
out p
reju
dice
to th
e re
view
pr
oced
ures
refe
rred
to in
par
agra
phs 1
and
2
abov
e, e
ach
Part
y sh
all e
nsur
e th
at, w
here
they
m
eet t
he c
riter
ia, i
f any
, lai
d do
wn
in it
s nat
iona
l la
w, m
embe
rs o
f the
pub
lic h
ave
acce
ss to
ad
min
istr
ativ
e or
judi
cial
pro
cedu
res t
o ch
alle
nge
acts
and
om
issi
ons b
y pr
ivat
e pe
rson
s and
pub
lic
auth
oriti
es w
hich
con
trav
ene
prov
isio
ns o
f its
na
tiona
l law
rela
ting
to th
e en
viro
nmen
t.
NO
, but
als
o in
man
y ca
ses n
o pr
oced
ures
is
regu
late
d.YE
S fo
r ind
ustr
ial
acci
dent
s
Onl
y da
mag
e co
mpe
nsat
ion
in
case
of a
n [in
dust
rial]
acci
dent
Ever
ybod
y w
ho su
ff ere
d da
mag
e ha
s the
righ
t to
be
com
pens
ated
.
NO
NO
NO
115
AC
CE
SS
TO
JS
UT
ICE
LE
PL
EP
LE
IAL
EIA
LS
EA
LS
EA
A
cco
rda
nce
in t
he
R
ep
ub
lic
of
Se
rbia
Ex
pla
na
tio
nA
cco
rda
nce
in
the
Re
pu
bli
c o
f S
erb
ia
Ex
pla
na
tio
nA
cco
rda
nce
in t
he
R
ep
ub
lic
of
Se
rbia
Ex
pla
na
tio
n
9.4
4. In
add
ition
and
with
out p
reju
dice
to p
arag
raph
1
abov
e, th
e pr
oced
ures
refe
rred
to in
par
agra
phs
1, 2
and
3 a
bove
shal
l pro
vide
ade
quat
e an
d eff
ect
ive
rem
edie
s, in
clud
ing
inju
nctiv
e re
lief a
s ap
prop
riate
, and
be
fair,
equ
itabl
e, ti
mel
y an
d no
t pro
hibi
tivel
y ex
pens
ive.
Dec
isio
ns u
nder
th
is a
rtic
le sh
all b
e gi
ven
or re
cord
ed in
writ
ing.
D
ecis
ions
of c
ourt
s, an
d w
hene
ver p
ossi
ble
of
othe
r bod
ies,
shal
l be
publ
icly
acc
essi
ble.
YES
Expe
nses
nee
d to
be
ana
lyse
d.
Publ
ic h
as th
e rig
ht to
acc
ess
to th
e es
tabl
ishe
d re
gist
ers
or re
cord
s in
acco
rdan
ce w
ith
this
law
. The
cou
rt p
roce
dure
fo
r the
com
pens
atio
n of
the
dam
age
to th
e en
viro
nmen
t is
an
urge
nt o
ne.
YES
Expe
nses
nee
d to
be
anal
ysed
.
YES
Expe
nses
nee
d to
be
ana
lyse
d.
YES
Expe
nses
nee
d to
be
ana
lyse
d.
9.5
5. In
ord
er to
furt
her t
he e
ff ect
iven
ess o
f th
e pr
ovis
ions
of t
his a
rtic
le, e
ach
Part
y sh
all e
nsur
e th
at in
form
atio
n is
pro
vide
d to
th
e pu
blic
on
acce
ss to
adm
inis
trat
ive
and
judi
cial
revi
ew p
roce
dure
s and
shal
l con
side
r th
e es
tabl
ishm
ent o
f app
ropr
iate
ass
ista
nce
mec
hani
sms t
o re
mov
e or
redu
ce fi
nanc
ial
and
othe
r bar
riers
to a
cces
s to
just
ice.
NO
, but
regu
late
d by
oth
er la
ws.
PART
LY n
ot
know
n (o
ut
of sc
ope
of
this
stud
y)YE
S fo
r writ
ten
proc
edur
es
whi
ch c
an
be fo
und
in
anot
her l
aw.
NO
Mig
ht b
e re
gula
ted
by
the
prov
isio
ns o
f spa
tial
plan
ning
legi
slat
ion,
for
plan
s and
pro
gram
mes
ad
optio
n pr
oced
ure.
116
Tab
le A
nn
ex
3.2
: Acc
ess
to
ju
stic
e a
cco
rda
nce
wit
h L
aw
on
In
teg
rate
d P
oll
uti
on
Pre
ve
nti
on
an
d
Co
ntr
ol,
La
w o
n C
he
mic
als
an
d t
he
La
w o
n P
rote
cti
on
Ag
ain
st N
ois
e
AC
CE
SS
TO
JU
ST
ICE
LIP
PC
LIP
PC
LCh
LCh
No
ise
No
ise
Acc
ord
an
ceE
xp
lan
ati
on
Acc
ord
an
ceE
xp
lan
ati
on
Acc
ord
an
ceE
xp
lan
ati
on
9.Ac
cess
to ju
stic
e
9.1
1. E
ach
Part
y sh
all,
with
in th
e fra
mew
ork
of it
s na
tiona
l leg
isla
tion,
ens
ure
that
any
per
son
who
co
nsid
ers t
hat h
is o
r her
requ
est f
or in
form
atio
n un
der a
rtic
le 4
has
bee
n ig
nore
d, w
rong
fully
re
fuse
d, w
heth
er in
par
t or i
n fu
ll, in
adeq
uate
ly
answ
ered
, or o
ther
wis
e no
t dea
lt w
ith in
ac
cord
ance
with
the
prov
isio
ns o
f tha
t art
icle
, has
ac
cess
to a
revi
ew p
roce
dure
bef
ore
a co
urt o
f la
w o
r ano
ther
inde
pend
ent a
nd im
part
ial b
ody
esta
blis
hed
by la
w. I
n th
e ci
rcum
stan
ces w
here
a
Part
y pr
ovid
es fo
r suc
h a
revi
ew b
y a
cour
t of l
aw,
it sh
all e
nsur
e th
at su
ch a
per
son
also
has
acc
ess t
o an
exp
editi
ous p
roce
dure
est
ablis
hed
by la
w th
at
is fr
ee o
f cha
rge
or in
expe
nsiv
e fo
r rec
onsi
dera
tion
by a
pub
lic a
utho
rity
or re
view
by
an in
depe
nden
t an
d im
part
ial b
ody
othe
r tha
n a
cour
t of l
aw.
Fina
l dec
isio
ns u
nder
this
par
agra
ph 1
shal
l be
bin
ding
on
the
publ
ic a
utho
rity
hold
ing
the
info
rmat
ion.
Rea
sons
shal
l be
stat
ed in
w
ritin
g, a
t lea
st w
here
acc
ess t
o in
form
atio
n is
refu
sed
unde
r thi
s par
agra
ph.
YES
Rela
tes t
o th
e en
tire
Art
icle
9 (P
arag
raph
s 1-
5)];
[Alth
ough
, with
out
clea
rly d
efi n
ing
activ
e an
d le
gitim
ate
right
of
the
publ
ic/p
ublic
co
ncer
ned
to in
itiat
e pr
oced
ures
bef
ore
cour
t. It
is re
ason
able
to a
ssum
e th
at o
nly
the
publ
ic
conc
erne
d ca
n in
stig
ate
such
a p
roce
dure
].
The
publ
ic m
ust b
e in
form
ed
abou
t the
dec
isio
n on
is
suan
ce o
f an
IPPC
per
mit
or
reje
ctio
n of
per
mit
issu
ance
w
ithin
an
eigh
t-da
y de
adlin
e.A
n ap
peal
aga
inst
such
a
deci
sion
is n
ot a
llow
ed, b
ut
a pr
oced
ure
agai
nst d
ecis
ion
can
be in
stig
ated
bef
ore
the
adm
inis
trat
ive
cour
t.
YES
The
Agen
cy fo
r Che
mic
als
shal
l not
allo
w a
cces
s to
dat
a w
hich
are
at
its d
ispo
sal,
if th
ey a
re
mar
ked
as c
onfi d
entia
l an
d if
it co
nsid
ers
that
pro
tect
ion
of
thos
e in
form
atio
n is
in
acc
orda
nce
with
th
is la
w a
nd th
e La
w
on In
form
atio
n of
Pu
blic
Impo
rtan
ce
Ever
ybod
y [i.
e. a
ny
mem
ber o
f the
pu
blic
] can
inst
igat
e a
proc
edur
e be
fore
th
e co
urt a
gain
st th
e de
cisi
on o
f the
Age
ncy
rela
ted
to th
e re
fusa
l of
acce
ss to
info
rmat
ion.
“E
very
body
” is a
term
co
mpr
isin
g bo
th
“the
pub
lic” a
nd “t
he
publ
ic c
once
rned
”An
appe
al a
gain
st
deci
sion
of t
he A
genc
y re
fusi
ng a
cces
s to
info
rmat
ion
can
be
subm
itted
to th
e m
inis
ter,
for r
econ
side
ratio
n.
A p
roce
dure
can
be
inst
igat
ed b
efor
e th
e ad
min
istr
ativ
e co
urt (
on
the
basi
s of A
rtic
le 8
5,
Para
grap
h 7)
aga
inst
the
deci
sion
of t
he m
inis
ter.
NO
For s
trat
egic
map
s.YE
S[R
elat
es to
the
entir
e A
rtic
le 9
(Par
agra
phs
1-5)
]; [A
lthou
gh, w
ithou
t cl
early
defi
nin
g ac
tive
and
legi
timat
e rig
ht o
f the
pu
blic
/pub
lic c
once
rned
to
initi
ate
proc
edur
es. I
t is
reas
onab
le to
ass
ume
that
onl
y m
embe
rs o
f th
e pu
blic
con
cern
ed
can
inst
igat
e su
ch a
pr
oced
ure
in a
ccor
danc
e w
ith th
e La
w o
n EI
A
and
the
Law
on
IPPC
]
Mea
sure
s aim
ed a
t the
pr
even
tion,
dec
reas
e an
d re
mov
al o
f det
rimen
tal
eff e
cts f
rom
noi
se a
re
defi n
ed in
the
EIA
stud
y.
Cond
ition
s for
ope
ratio
n of
inst
alla
tions
for w
hich
IP
PC p
erm
its a
re is
sued
co
ntai
n m
easu
res f
or
prot
ectio
n ag
ains
t noi
se.
117
AC
CE
SS
TO
JU
ST
ICE
LIP
PC
LIP
PC
LCh
LCh
No
ise
No
ise
Acc
ord
an
ceE
xp
lan
ati
on
Acc
ord
an
ceE
xp
lan
ati
on
Acc
ord
an
ceE
xp
lan
ati
on
9.2
2. E
ach
Part
y sh
all,
with
in th
e fra
mew
ork
of it
s nat
iona
l leg
isla
tion,
ens
ure
that
m
embe
rs o
f the
pub
lic c
once
rned
:(a
) hav
ing
a su
ffi ci
ent i
nter
est o
r, al
tern
ativ
ely,
(b) m
aint
aini
ng im
pairm
ent o
f a ri
ght,
whe
re
the
adm
inis
trat
ive
proc
edur
al la
w o
f a P
arty
re
quire
s thi
s as a
reco
nditi
on, h
ave
acce
ss to
a
revi
ew p
roce
dure
bef
ore
a co
urt o
f law
and
/or
ano
ther
inde
pend
ent a
nd im
part
ial b
ody
esta
blis
hed
by la
w, t
o ch
alle
nge
the
subs
tant
ive
and
proc
edur
al le
galit
y of
any
dec
isio
n, a
ct o
r om
issi
on su
bjec
t to
the
prov
isio
ns o
f art
icle
6
and,
whe
re so
pro
vide
d fo
r und
er n
atio
nal l
aw
and
with
out p
reju
dice
to p
arag
raph
3 b
elow
, of
othe
r rel
evan
t pro
visi
ons o
f thi
s Con
vent
ion.
Wha
t con
stitu
tes a
suffi
cien
t int
eres
t and
im
pairm
ent o
f a ri
ght s
hall
be d
eter
min
ed in
ac
cord
ance
with
the
requ
irem
ents
of n
atio
nal
law
and
con
sist
ently
with
the
obje
ctiv
e of
gi
ving
the
publ
ic c
once
rned
wid
e ac
cess
to
just
ice
with
in th
e sc
ope
of th
is C
onve
ntio
n. To
th
is e
nd, t
he in
tere
st o
f any
non
-gov
ernm
enta
l or
gani
zatio
n m
eetin
g th
e re
quire
men
ts re
ferr
ed
to in
art
icle
2, p
arag
raph
5, s
hall
be d
eem
ed
suffi
cien
t for
the
purp
ose
of su
bpar
agra
ph (a
) ab
ove.
Suc
h or
gani
zatio
ns sh
all a
lso
be d
eem
ed
to h
ave
right
s cap
able
of b
eing
impa
ired
for
the
purp
ose
of su
bpar
agra
ph (b
) abo
ve.
The
prov
isio
ns o
f thi
s par
agra
ph 2
shal
l not
ex
clud
e th
e po
ssib
ility
of a
pre
limin
ary
revi
ew
proc
edur
e be
fore
an
adm
inis
trat
ive
auth
ority
and
sh
all n
ot a
ff ect
the
requ
irem
ent o
f exh
aust
ion
of a
dmin
istr
ativ
e re
view
pro
cedu
res p
rior t
o re
cour
se to
judi
cial
revi
ew p
roce
dure
s, w
here
su
ch a
requ
irem
ent e
xist
s und
er n
atio
nal l
aw.
YES
Rela
tes t
o th
e en
tire
Art
icle
9 (P
arag
raph
s 1-5
).A
lthou
gh, w
ithou
t cle
arly
de
fi nin
g ac
tive
and
legi
timat
e rig
ht o
f the
pu
blic
/pub
lic c
once
rned
to
initi
ate
proc
edur
es.
It is
reas
onab
le to
as
sum
e th
at o
nly
mem
bers
of t
he p
ublic
co
ncer
ned
can
inst
igat
e su
ch a
pro
cedu
re].
NO
YE
S fo
r pr
elim
inar
y pr
oced
ure
whe
n ch
emic
als a
re
put o
n th
e lis
t
N
OYE
S[R
elat
es to
the
entir
e A
rtic
le 9
(Par
agra
phs 1
-5)];
[Alth
ough
, with
out c
lear
ly
defi n
ing
activ
e an
d le
gitim
ate
right
of t
he
publ
ic/p
ublic
con
cern
ed
to in
itiat
e pr
oced
ures
. It
is re
ason
able
to a
ssum
e th
at o
nly
mem
bers
of
the
publ
ic c
once
rned
ca
n in
stig
ate
such
a
proc
edur
e in
acc
orda
nce
with
the
Law
on
EIA
an
d th
e La
w o
n IP
PC]
NO
9.3
3. In
add
ition
and
with
out p
reju
dice
to th
e re
view
pr
oced
ures
refe
rred
to in
par
agra
phs 1
and
2
abov
e, e
ach
Part
y sh
all e
nsur
e th
at, w
here
they
m
eet t
he c
riter
ia, i
f any
, lai
d do
wn
in it
s nat
iona
l la
w, m
embe
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118
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1, 2
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N
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elat
es to
the
entir
e A
rtic
le 9
(Par
agra
phs 1
-5)];
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, with
out c
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ly
defi n
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e an
d le
gitim
ate
right
of t
he
publ
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to in
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. It
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ssum
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at o
nly
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bers
of
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ca
n in
stig
ate
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e in
acc
orda
nce
with
the
Law
on
EIA
an
d th
e La
w o
n IP
PC].
9.5
5. In
ord
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ff ect
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f th
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ions
of t
his a
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ach
Part
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at in
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gitim
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. It
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to a
ssum
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at o
nly
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of
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an
d th
e La
w o
n IP
PC].
119
ANNEX 4 Responsible Institutions in the Republic of Serbia for Aarhus Convention Implementation
What follows is a description of the tasks and duties of main responsible institutions and other bodies charged with Aarhus Convention implementation at national, regional and local levels.
Competences in the Republic of Serbia are defi ned by relevant provisions in the Constitution (Article 97), while provisions related to the structure of governing bodies defi ne competences of the National Assembly (Article 99), Government (Article 123), autonomous provinces (Article 183) and municipalities (Article 190). Moreover, the Constitution of the Republic of Serbia defi nes the right to legal assistance (Article 67),1 Constitutional Court jurisdiction (Article 127) and more.
COMPETENCES OF THE REPUBLIC OF SERBIA
Competences of the Republic of Serbia are defi ned in Article 97 of in the Constitution of the Republic of Serbia. In accordance with this provision, the Republic of Serbia regulates and ensures, among other things: the exercise and protection of freedoms and rights of citizens; constitutionality and legality; proceedings before courts and other state bodies; liabilities and sanctions for violations of freedoms and citizens’ rights as stipulated by the Constitution, and for violation of laws, other regulations and general acts; amnesty and pardon for criminal off ences; sustainable development; and a system for environmental protection and improvement, including protection of fl ora and fauna.
Ministry of Environment, Mining and Spatial Planning (MEMSP)2
The obligations of this Ministry are related to all three pillars of the Aarhus Convention, and comprise the following:
a) Obligations stated in Articles 4 and 5 of the Aarhus Convention are most closely connected with those competences of the Ministry specifi ed in Article 16 of the Law on Ministries and relevant provisions of the Law on Free Access to Information of Public Importance, including: protection and sustainable use of natural resources; inspection surveys; survey-programme development for basic geological research related to sustainable use of natural resources and detailed groundwater surveys; protection and improvement of the environment; nature conservation; ozone-layer protection; climate-change monitoring; transboundary water and air pollution; early-warning systems; protection against noise and vibrations; protection against ionising and non-ionising radiation; management of production and sale of poisons and other dangerous substances, except drugs and drug precursors; chemical management; waste management (except radioactive waste); approving transboundary trade in waste and protected plant and animal species; and other activities specifi ed by law.
b) Obligations related to Article 6 of the Aarhus Convention are stipulated in the Law on Environmental Impact Assessment.
c) Some of the obligations related to Article 7 of the Aarhus Convention are stipulated in the Law on Strategic Environmental Impact Assessment.
d) Some of the obligations related to Article 8 of the Aarhus Convention are stipulated in the Law on Ministries, namely the Rules of Procedure of the Government and Rules of Procedure of the National Assembly of the Republic of Serbia.
e) Some of the obligations ensuing from Article 9 of the Aarhus Convention are stipulated in the Law on Environmental Protection, the Law on Environmental Impact Assessment, and the Law on Integrated Environmental Pollution Prevention and Control.
1 Legal assistance shall be provided by legal professionals as an independent and autonomous service, and by legal assistance
offi ces established by units of local self-government in accordance with the law (Article 67, Paragraph 2).
2 http://www.ekoplan.gov.rs/src/index.php
120
Th e MEMSP performs state administrative duties related to spatial and town planning, determines construction requirements, and regulates the following: tenancy relations, housing, building land, utility infrastructure and services, geodetic engineering tasks, inspection surveys for urban planning, and construction and utility infrastructure. Th e MEMSP also carries out other tasks as defi ned by law.
As far as institutional capacity is concerned – especially in its direct dealings with public participation – the MEMSP should establish a contact point and appropriate system for granting all interested parties access both to written information and database-held information, which would enable parties to study documents in electronic form. Th is is especially important, given the heavy workload of the Ministry, Provincial Secretariat for Urban Planning, Construction and Environmental Protection, competent local self-government bodies, as well as the fact that in the Planning and Management Sector, public participation is integrated with implementation of procedures related to almost all laws.
Serbian Environmental Protection Agency (SEPA)3
The Serbian Environmental Protection Agency, as an administrative body that is part of the Ministry of Environment, Mining and Spatial Planning, performs state administrative tasks related to:
• Developing, aligning and maintaining the National Information System for environmental protection (monitoring the state of environmental factors through the environmental indicators, maintaining the register of polluters, etc.);
• Implementing state monitoring of air and water quality, including the enforcement of prescribed and harmonised programmes of air, surface water, groundwater, fi rst aquifer and rainfall quality control;
• Managing the National Laboratory;
• Collecting, aggregating and processing environmental data, drawing up reports on the state of the environment and implementation of environmental policy;
• Developing procedures for environmental data processing and evaluation;
• Keeping records on best available techniques and practices and their implementation in the fi eld of environmental protection; and
• Cooperating with the European Environment Agency (EEA) and European Environment Information and Observation Network (EIONET), as well as performing other duties specifi ed by law.
Th e Environmental Protection Agency has the obligation to set up an integrated register of polluters in accordance with the Law on Ministries, Law on Environmental Protection, Rulebook on National and Local Pollution Sources Register Development Methodology and on Data Collection Types, Manners and Deadlines Methodology. Th ere is a range of activities related to the establishment of an integrated environmental information system, primarily in connection with the adoption of necessary bylaws and carrying out a number of projects “that have a joint aim of setting up a network of institutions specialising in monitoring diff erent aspects of the environment.”4
Th e national EIONET project, funded by the European Union, is currently underway. Th e SEPA estimates that, as far as its responsibilities are concerned, there are no obstacles to Aarhus Convention implementation in terms of information and communication technology at its disposal or Agency staff expertise. However, it is necessary to increase the number of staff due to the newly assigned responsibilities. It has been highlighted several times already in European Commission reports that the Agency is understaff ed. In view of current and planned tasks, more staff is prerequisite if the SEPA is to take on any new obligations of a particularly demanding nature.
3 http://www.sepa.gov.rs/
4 http://www.sepa.gov.rs/
121
Environmental Protection Fund5
Th e Environmental Protection Fund was established on the basis of the Law on Environmental Protection. Th e Fund aims to provide fi nancial resources to solve environmental problems, and to improve the state of environment in the Republic of Serbia.
Agency for Chemicals6
Th e Agency for Chemicals was established in 2009 on the basis of the Law on Chemicals (Offi cial Gazette of RS, No. 36/09) with the aim of creating administrative conditions to guarantee the safe management of chemicals and biocidal products. Agency competence is also related to the adoption of bylaws allowing for implementation of the Law on Chemicals and Law on Biocidal Products. Th e Agency for Chemicals provides relevant information and expert advice, conducts activities aimed at informing the public about the infl uence of chemicals on human health and the environment, and develops projects to monitor chemicals placed on the market and to prevent their use resulting in harm to human health and/or the environment. It also maintains an integrated chemicals register and collaborates with the European Chemicals Agency.
Radiation Protection and Nuclear Safety Agency7
Established by the Governmental Foundation Act on the basis of Article 5, Paragraph 1 of the Law on Protection against Ionising Radiation and Nuclear Safety (Offi cial Gazette of RS, No. 36/09), the Agency’s competences include, among other things: management of the centralised record of nuclear objects, nuclear materials and radioactive waste and control of the records managed by users; creation and maintenance of database (central register) on the sources of ionising radiation and their consumers, persons professionally exposed to radiation as well as on other data signifi cant for the protection against ionising radiation, radiation and nuclear safety and security; monitoring the scope and changes in the level of radiation and evaluating its impact on the population and environment and in relation to that imposing and monitoring the enforcement of special measures; publishing an annual report about the level of exposure of the population to ionising radiation in the Republic of Serbia; and disseminating the information signifi cant for radiation and nuclear safety and security to the public, competent authorities and the International Atomic Energy Agency.
Ministry of Agriculture, Trade, Forestry and Water Management8
In accordance with the Law on Ministries, the Ministry of Agriculture, Trade, Forestry and Water Management, as a state administrative body, works on policy and strategy development related to agriculture and the food industry. Th e Ministry is also in charge of: proposing systemic solutions and protection measures to be applied when importing agricultural and food products; protection and use of agricultural land; production of land inputs for agriculture and the food industry; managing an agricultural market-related information system; determining degrees by which conditions are fulfi lled; risk assessment and implementation of biological safety measures regarding the use of controlled substances; use, introduction into the production cycle, placement on the market and import of genetically modifi ed organisms (GMOs); preservation and sustainable use of plant and animal genetic resources used in agriculture and food production; and setting up and maintaining an information system about agricultural land in the Republic of Serbia.
Below is a list of other administrative bodies that are part of the Ministry of Agriculture, Trade, Forestry and Water Management:
Th e Agricultural Inspection Sector and phytosanitary inspection within the Plant Protection Administration conduct inspection surveys as required by the law.
Th e Veterinary Administration performs state administrative and professional tasks related to animal health care and well being, food safety and consumer protection; development of risk management systems related to production and distribution of food, animal products and animal feed; registration and approval of establishments; veterinary-sanitary control of production and trade in animal products, raw materials and by-products of animal origin, reproductive materials and other organisms and objects that can transmit infectious
5 http://www.sepf.gov.rs/
6 http://www.shema.gov.rs/
7 http://www.srbatom.gov.rs/cir/
8 http://www.mpt.gov.rs/
122
disease, as well as of animal feed; safe disposal of carcasses and by-products of animal origin, i.e. veterinary protection of the environment; control of production and trade in veterinary pharmaceuticals and medical devices used in veterinary medicine; integration of databases, registers and veterinary information systems; international trade collaboration, certifi cation and control and other tasks prescribed by the law.
Th e Plant Protection Administration performs state administrative and professional tasks related to: protection of plants from pests and disease; internal and external trade; control of plant-protection products; production and registration of plant protection- and plant-nutrition products; and other tasks defi ned by law.
Th e Water Directorate of the Republic of Serbia performs state administrative and professional tasks related to: water management policy; multi-purpose use of water; water supply (but not water distribution); protection from water; implementation of measures aimed at the preservation of water and planned reductions of water use; regulation of domestic water regimes; and monitoring and maintenance of transboundary water regimes. Srbija vode, a public company, was created to perform water management duties. Moreover, certain competences have been transferred to the Autonomous Province of Vojvodina. Another established public company is Vode Vojvodine. Th ese two companies manage water resources and work with water, wetlands and water management facilities.
Th e Forests Department performs state administrative and professional tasks related to forestry policy, forest preservation and other tasks defi ned by law.
Ministry of Health9
In accordance with the Law on Ministries, the Ministry of Health performs state administrative tasks related, among other things, to: the health care system; preservation and improvement of public health population; monitoring the health and health-related needs of the population; health care-related registries; sanitary inspections; sanitary supervision and protection against contagious and non-contagious diseases; health safety of food and consumer products that are produced and placed on the market; provision of clean, potable water for the public; and other tasks defi ned by law. At the Belgrade City level all information concerning the state of the environment, the measures taken to improve the environment, or an environmental impact assessment, are professionally reviewed by Belgrade Public Health Institute, Institute for Occupational Health of Serbia „Dr Dragomir Karajović“ and the Public Health Institute of Serbia „Dr Milan Jovanović Batut“, and are aft erwards distributed to over 300 addresses via the monthly environmental bulletin issued by the Environmental Protection Secretariat.
Ministry of Infrastructure and Energy10
Th e Ministry of Infrastructure and Energy performs state administrative tasks related to rail-, road-, water- and air transport and other state administrative tasks related to the energy; energy balance of the Republic of Serbia; oil and gas industry; nuclear power plants.
Energy Effi ciency Agency11
Th e Energy Effi ciency Agency was established as a special organisation of the Republic of Serbia on the basis of Article 146 of the Energy Law from 2002. Th e EEA draft s proposals aimed at enhancing energy effi ciency within the process of draft ing the Energy Development Strategy. Th e EEA also has duties related to environmental protection and the exploitation of renewable energy sources.
Ministry of Economy and Regional Development12
In accordance with Article 9 of the Law on Ministries, the Ministry of Economy and Regional Development performs state administrative tasks related to: economy; economic development; standardisation; structural adaptation of the economy; defi ning industrial development policy; analysing available resources and regional
9 http://www.zdravlje.gov.rs/
10 http://www.mie.gov.rs/?lang=en
11 http://www.seea.gov.rs/Serbian/Prezentacija1.htm
12 http://www.merr.gov.rs/
123
potential; stimulating cooperation between municipalities and regions, as well as cross-border cooperation; and strategy and policy for development of tourism.
Ministry of Education and Science13
Some of the duties within the jurisdiction of this Ministry are related to: promotion of environmental education and public awareness-raising about environmental issues; research, planning and development of pre-school, primary-, secondary- and higher education; living standards of pupils and students; supplementary education for children of Serbian citizens living abroad; administrative supervision; and professional teaching supervision.
Ministry of Justice14
Th e Ministry of Justice performs state administrative tasks related to: criminal law, commercial off ences, debenture-related issues, court procedure (not including administrative disputes), organisation and functioning of the judiciary and misdemeanour courts, enforcement of penal sanctions, preparation of legislation regulating procedure before the Constitutional Court and the legal eff ects of its decisions, and other tasks defi ned by law.
Ministry of Culture, Information and Information Society15
Th e Ministry of Culture, Information and Information Society among other things performs state administrative tasks in the fi eld of information society related to: determining information-society development policy and strategy, draft ing laws and other regulations, standards and measures related to e-business; measures supporting research and development in the sphere of information society; development and improvement of computer-science and online technologies; developing IT infrastructure; and fulfi lling other tasks defi ned by law.
Standardisation institutions
Some of the key institutions responsible for standardisation are: the Institute for Standardisation of Serbia (ISO 14000 system), Accreditation Board of Serbia (certifi cation procedures), and Food Quality Group within the Ministry for Agriculture, Forestry and Water Management (ISO 22000:2005 food safety standards, HALAL and KOSHER standards, GLOBALG.A.P., Department for organic production (for organic production system and standard ISO 65).
National Information Technology and Internet Agency16
Th e National Information Technology and Internet Agency is a special organisation that performs professional and state administrative tasks to improve and develop the information systems of state administration, local self-government and public services. It also performs other tasks defi ned by law.
Statistical Offi ce of the Republic of Serbia17
Th e Statistical Offi ce of the Republic of Serbia is a special professional organisation that performs tasks related to: programme adoption; organising and conducting statistical surveys; methodology creation, collecting, processing, statistical analysis and publishing of statistical data; preparation and adoption of unique statistical standards; development, maintenance and usage of administrative and statistical registers; establishment and maintenance of a national accounts system; cooperation and expert coordination with bodies and organisations in charge of carrying out statistical surveys; cooperating with international organisations to ensure standardisation and data comparability; data processing, with the aim of providing national election and referendum results; and other tasks stipulated by law.
13 http://www.mpn.gov.rs/sajt/
14 http://www.mpravde.gov.rs/
15 http://www.kultura.gov.rs/
16 http://www.rzii.gov.rs/
17 http://webrzs.stat.gov.rs/axd/index.php
124
Republic Hydrometeorological Service of Serbia18
Th e Republic Hydrometeorological Service of Serbia performs professional and administrative tasks related to: meteorological-, radar-, agro-meteorological- and hydrological observation; analysis-oriented forecast systems; systematic climatological-, agro-meteorological- and hydrological measurements and observation; database of observed and measured hydrological and meteorological data; monitoring, analyzing and forecasting the state and change of weather, climate and water; methods development, operational monitoring and weather alerts, as part of atmospheric and hydrospheric forecasts; aeronautical meteorology; research of processes in the atmosphere and hydrosphere, and development of methods and models for weather, climate and water forecasts and weather modifi cation; development of proposals for the use of the sun and wind energy potential; hydrometeorological support of river navigation; achievement and preservation of standards and calibration of meteorological and hydrological instruments; international cooperation in the area of meteorological and hydrological information systems; fulfi lling international obligations in the domain of meteorology and hydrology and other tasks as stipulated by the law (see the Law on Ministries, Article 27) .
Republic Geodetic Authority19
Th e Republic Geodetic Authority is a special organisation carrying out professional and administrative tasks related to state surveys, land cadastres, real estate and utilities cadastre, basic geodetic works, address register, topographic and cartographic activities, real estate assessment, geodetic and cadastral information system and the National Spatial Data Infrastructure (in accordance with the INSPIRE Directive) and geodetic works in engineering and technical fi elds.
Institute for Nature Conservation of Serbia20
Th e Institute for Nature Conservation21 works to preserve nature and natural resources on the territory of the Republic of Serbia, excepting the area of the Autonomous Province of Vojvodina (Article 1 of the Institute Statute, Offi cial Gazette of the RS, No. 73/10).22
Article 8 of the Institute Statute outlines the following tasks: collecting and processing data on nature and natural resources; monitoring the state of nature and providing assessments of risks to geo-heritage, wildlife and their habitats; public participation in the process of declaring protected natural resources; opining on protected area management plans; evaluating nature-related activities; preparing and implementing projects and programmes in protected areas; maintaining a register on the manner and scope of use, as well as risks to protected and endangered wildlife species; preparing, in collaboration with the Institute for Nature Conservation of the Autonomous Province of Vojvodina and other professional and scientifi c institutions in accordance with law, a fi ve-year plan concerning the state of nature, protected natural resources and eco-networks; organising and carrying out educational programmes and promotional activities; maintaining a nature conservation database as part of the Environmental Protection Agency’s unifi ed information system; maintaining a register of protected natural resources and other information related to environmental protection; informing the public about natural values, nature conservation, and threats posed to the natural environment.
Th e Institute stresses the necessity for training civil servants, especially those directly responsible for Aarhus Convention implementation, as well as additional training of associations’ staff working to establish international cooperation and concrete practices. Th e Institute lists some shortcomings of its own: lack of staff capacity; lack of documentation; non-systematic means of natural data collection and impossibility to conduct electronic searches for older data. Also, the 15-day time frame in which to reply to requests to access information of public importance – as specifi ed in the Law on Free Access to Information of Public Importance – is too short. Certain requests for documentation simply demand considerably more time to fulfi l properly. Insuffi cient state capacity creates conditions leading to violations of the right of access to information. Some associations, it must be said, tend to make frequent and extensive requests for information in the interest of self-promotion.
18 http://www.hidmet.gov.rs/
19 http://www.rgz.gov.rs/
20 http://www.natureprotection.org.rs/
21 The original institute was established on April 30, 1948 by government decree as the Institute for Natural Rarities Conservation and Scientifi c Research in the People’s
Republic of Serbia. The existing institute was established in accordance with Article 21 of the Law on Public Services (Offi cial Gazette of the Republic of Serbia,
Nos. 41/91 and 71/94) and Item 9, Paragraph 3, Sub-Item 1). See the Decision on the Establishment of the Institute for Nature Conservation (Offi cial Gazette of the
Republic of Serbia, No. 18/10). <http://www.natureprotection.org.rs/index.php?option=com_content&view=category&layout=blog&id=85&Itemid=85&lang=cir>
22 In accordance with the Law on the Establishing Competences of the Autonomous Province of Vojvodina, adopted in November 2009, the Institute for
Nature Conservation of the Autonomous Province of Vojvodina is to be established through provincial organs. The Institute for Nature Conservation of
Serbia is in charge of nature conservation and protection of natural resources whose entire area is located in the Autonomous Province of Vojvodina.
125
AUTONOMOUS OFFICES OF THE REPUBLIC AND INDEPENDENT BODIES
The Commissioner for Information of Public Importance and Personal Data Protection23
Th e Commissioner for Information of Public Importance, as an autonomous government body able to exercise independent powers, upholds the right of access to information of public importance in the possession of public authorities.
Th e Commissioner is responsible for: monitoring the compliance of public authorities with legal obligations; reporting to the National Assembly and the public; initiating or preparing any regulatory changes concerning implementation and promotion of the right of access to information of public importance; proposing measures to public authorities that will aid them in providing information; undertaking necessary measures to train employees of state bodies, and to inform employees of obligations regarding the right of access to information of public importance; considering complaints against public authority decisions that violate the right of access to information; informing the public of its legal rights under the law; and initiating procedural evaluations of constitutionality and legality (complete with the power to fi le a motion for review) of relevant legislation and other general documents.
Th is institution has lacked suffi cient capacity and workspace since its establishment in 2005, and this has a negative impact on work and slows the rate at which the Commissioner can handle complaints from those denied the right of access to information of public importance, including information concerning the environment. Th e inability to handle workfl ow was exacerbated when the Commissioner was granted new, signifi cantly broader powers concerning personal data protection from January 1, 2009. Also, with the passage of amendments to the Law in 2010, the Commissioner’s powers were also expanded in the area of free access information of public importance; the Law granted the Commissioner executive rights related to executing decisions.
Moreover, there is inconsistency within the legal framework of the Republic of Serbia concerning free access to information of public importance, particularly concerning diff erences between the Law on Environmental Protection and Law on Free Access to Information of Public Importance. Th e Commissioner has regularly informed the National Assembly about these and other obstacles in the annual reports submitted to Parliament. Government representatives have also been notifi ed, both in person and in writing, and proposals for solving the aforementioned problems have been put forward.24
Ombudsman (or, Protector of Citizens)25
Th e Ombudsman shall have the power to: oversee that citizens’ rights are respected; determine violations resulting from actions or failure to act by administrative authorities; monitor the work of administrative authorities;26 and launch initiatives alongside Government or the National Assembly for the amendment of laws, other regulations or general acts in the interest of protecting citizens‘ rights. Th e Ombudsman shall have the right to off er opinions to the Government and National Assembly on draft laws and regulations if deemed relevant to the protection of citizens‘ rights (Article 18, Item 4 of the Law on the Protector of Citizens). Th e Ombudsman shall have the power to initiate proceedings before the Constitutional Court to assess the constitutionality and legality of laws, other regulations and general acts (Article 19). Th e Ombudsman is also entitled to propose laws falling within his/her mandate (Article 18, Paragraph 1).
Mediator
Article 1 of the Law on Mediation (Offi cial Gazette of RS, No. 18/05) specifi es the rules of mediation procedure for resolving disputes.
23 http://www.poverenik.org.rs/
24 For more information about these problems, please refer to the published annual reports available at the Commissioner’s website:
<www.poverenik.rs>. See also the Information Booklet detailing the Commissioner’s work (especially Items 9.1 and 10.3.3).
25 http://www.ombudsman.rs/
26 This oversight pertains particularly to legality and consistency. The Protector of Citizens shall not have the power to monitor work of the
National Assembly, President of the Republic, Government of Serbia, Constitutional Court or courts and public prosecutor’s offi ces.
126
COMPETENCES OF THE AUTONOMOUS PROVINCE OF VOJVODINA
Competences of the Autonomous Province of Vojvodina are specifi ed in the Constitution and the Law on Establishing Competences of the Autonomous Province of Vojvodina (Offi cial Gazette of RS, No. 99/09), and in other relevant environmental legislation.
Article 183 of the Constitution states that autonomous provinces shall, in accordance with law, regulate matters of provincial interest in the following fi elds: urban planning and development; agriculture; water management; forestry; hunting; fi shing; tourism; hospitality industry; spas and health resorts; environmental protection; industry and craft s; road-, river- and rail transport and road repairs; organisation of fairs and other business-oriented events; education; sport; culture; health care and social welfare; and information dissemination at the provincial level. Th e Autonomous Province shall observe and protect human and minority rights in accordance with the law.
Selected bodies of special importance for Aarhus Convention implementation in the Autonomous Province of Vojvodina
Provincial Secretariat for Urban Planning, Construction and Environmental Protection27
Provincial Secretariat for Education, Administration and Ethnic Minorities28
Provincial Secretariat for Culture and Public Information29 Provincial Secretariat for Agriculture, Water Management and Forestry30
Provincial Secretariat for Energy and Mineral Raw Materials31
Provincial Secretariat for Regional Cooperation and Local Self-Government32
Provincial Secretariat for Health Care, Social Policy and Demography33 Provincial Ombudsman34
LOCAL SELF-GOVERNMENT35
Article 190 of the Constitution of the Republic of Serbia stipulates that any municipality shall, through its bodies and in accordance with law: regulate and provide for the performance and development of municipal activities; regulate and provide for the use of urban construction sites and business premises; be responsible for construction, reconstruction, maintenance and use of the local network of roads and streets and other public facilities of municipal interest; regulate and provide local transport; be responsible for meeting the needs of citizens in the fi elds of education, culture, health care and social welfare, child welfare, sport and physical culture; be responsible for development and improvement of tourism, craft s, the hospitality industry and commerce; be responsible for environmental protection, protection against natural and other disasters; organise a legal aid service (Article 9 of the Aarhus Convention); be responsible for disseminating public information at the local level and creating conditions for informing the public in Serbian and the languages of ethnic minorities used on the territory of the municipality (Article 5 of the Aarhus Convention); prescribe off ences related to violation of municipal regulations; establish inspection authorities and carry out inspection surveys to determine whether regulations and other general legislation within the jurisdiction of the municipality are implemented (Article 9 of the Aarhus Convention), etc.36
Article 22 of the Law on Local Self-Government states that municipalities shall perform certain tasks in the following areas: education, health care, environmental protection, mining, trade in goods and services, agriculture, water management and forestry, and other inspection-related tasks in accordance with the law.
Towns and the capital city
Pursuant to Article 24 of the Law on Local Self-Government, towns shall perform municipal duties, but may also perform state administrative duties conferred to them by law.
27 http://www.arhiurb.vojvodina.gov.rs/index.php?id_menu=6
28 http://www.ounz.vojvodina.gov.rs/
29 http://www.kultura.vojvodina.gov.rs/
30 http://www.psp.vojvodina.gov.rs/
31 http://www.psemr.vojvodina.gov.rs/
32 http://www.region.vojvodina.gov.rs/
33 http://www.zdravstvo.vojvodina.gov.rs/
34 http://www.ombudsmanapv.org/onama.html#
35 See Articles 3–9 of the Aarhus Convention. In accordance with Article 188 of the Constitution of the Republic of
Serbia, units of local self-government are: municipalities, towns and the City of Belgrade.
36 The municipal statute may stipulate the appointment of assistants to the mayor in charge of certain areas, such
as economic development, urban planning, primary health care and agriculture (Article 58).
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Regarding institutional capacity, the major problems related to Aarhus Convention implementation in the capital city of Belgrade are the following: the Secretariat for Environmental Protection of the City of Belgrade lacks qualifi ed staff to perform various duties, such as developing and carrying out activities to educate citizens and raise public awareness, developing and maintaining databases and websites, and providing regular information updates; technical equipment currently used is inadequate for providing requested information in a prompt and timely manner (photocopying of large documents, for example, takes place at another city administrative department); and the Secretariat website is not functioning, nor is its database accessible online. Staff -related concerns and lack of the appropriate infrastructure are major problems in the cities of Niš and Vranje, as well.
Novi Sad’s Environmental Protection Department maintains that better coordination and information exchange at all levels, especially between all organisations focusing on environmental protection, is necessary to improve conditions for implementing Aarhus Convention principles.
A well-defi ned education strategy and additional professional training would improve not only the work process, but also the process of informing the public about environment protection eff orts. Strengthening professional capacity would also help to ensure credibility and dependability.
Public health institutes
Public health institutes are responsible for monitoring air quality in local urban areas, as well as the quality of surface waters where they fl ow through urban areas. Th ese institutes perform tests on drinking water, monitor noise levels, and measure air quality in 27 towns at 52 measurement points.
ADMINISTRATION OF JUSTICE
According to Article 11 of the Law on the Organisation of Courts (Offi cial Gazette of RS, No. 116/08),37 judicial power in the Republic of Serbia is vested in courts of general and special jurisdiction. Courts of general jurisdiction are basic courts, higher courts, appellate courts and the Supreme Court of Cassation. Courts of special jurisdiction are commercial courts, the Commercial Appellate Court, misdemeanour courts, the Higher Misdemeanour Court and the Administrative Court. Th e Supreme Court of Cassation is the court of highest instance in the Republic of Serbia, while other courts established on the territory of the Republic of Serbia are the Commercial Appellate Court, Higher Misdemeanour Court and the Administrative Court (Article 13).
Administrative Court
Th e Administrative Court adjudicates in administrative disputes.
Misdemeanour Court
Misdemeanour courts of fi rst instance adjudicate in minor-off ence cases unless under the competence of an administrative authority. Th ey also decide on appeals against decisions passed by administrative authorities in misdemeanour proceedings, and perform other tasks set forth by law.
Basic Court
Basic courts adjudicate in fi rst-instance civil litigations, unless falling under the jurisdiction of another court. Th ey also conduct enforcement proceedings and non-litigious proceedings not under the jurisdiction of another court. Basic courts provide legal aid to citizens, extend mutual legal assistance and carry out other tasks specifi ed by law.
37 Entered into force on January 1, 2010.
128
Higher Court
Higher courts adjudicate in fi rst-instance civil disputes in which the value of the subject of the lawsuit is subject to review. Th ey are also involved in disputes concerning corrected versions of published information, responses to published information, and compensation for damages related to published information. Higher courts of second instance rule on appeals against decisions taken by basic courts.
Commercial Court
Commercial courts of fi rst instance adjudicate, among other things, in disputes: between domestic and foreign companies resulting from applications of the Law on Companies; relating to foreign investments, ships and aircraft , sailing on seas and inland waters; and involving maritime and aeronautic law, not including disputes relating to passenger transport. Commercial courts of fi rst instance decide on commercial off ences and, relative thereto, on termination of a security measure or legal consequence of a conviction.
Appellate Court
Appellate courts decide on appeals against: decisions of higher courts; decisions of basic courts in criminal proceedings, unless under the jurisdiction of a higher court to decide on the appeal concerned; and basic-court rulings in civil disputes, unless under the jurisdiction of a higher court to decide on the appeal concerned.
Appellate courts also decide on confl icts of jurisdiction between courts of lower instance under their territorial jurisdiction (unless under the jurisdiction of a higher court), and on transfers of jurisdiction of basic and higher courts when prevented or unable to proceed in a legal matter and perform other tasks prescribed by law.
Constitutional Court
Th e Constitutional Court is an autonomous and independent state body established to protect constitutionality and legality, as well as human rights, minority rights and freedoms. Decisions of the Constitutional Court are fi nal, enforceable and generally binding. Th e Constitutional Court decides on compliance of laws and other general acts with the Constitution, generally accepted rules of international law and ratifi ed international treaties, compliance of ratifi ed international treaties with the Constitution, and the legal compliance of other general acts. Th e Constitutional Court resolves confl icts of jurisdiction between courts and state bodies, between republic and provincial bodies or bodies of local self-government units, between provincial bodies and bodies of local self-government units, and between bodies of diff erent autonomous provinces or diff erent self-government units.
A constitutional appeal may be lodged when general actions performed by state bodies or organisations exercising delegated public powers allegedly violate or deny human rights, minority rights or freedoms guaranteed by the Constitution, and if other legal remedies for their protection have already been applied or not specifi ed (Article 170 of the Constitution of the Republic of Serbia).
Associations
Th e Ministry of Human and Minority Rights, Public Administration and Local Self-Government is the body responsible for regulating the position of associations. 38Th e legal framework defi ning the position of associations is provided in the Law on Associations (Offi cial Gazette of RS, No. 51/09). Th e Register of Associations and Register of Foreign Associations are maintained by the Business Registers Agency39 via association registrars and foreign association registrars as a conferred state administrative duty within the jurisdiction of the Ministry of Human and Minority Rights, Public Administration and Local Self-Government, which decides on appeals against the decisions of registrars of fi rst instance. Th e Ministry shall also oversee implementation of this law.
Associations face a number of serious problems concerning institutional capacity, including lack of expertise, lack of technical equipment and internet capability, and poor coordination of activities. Staff -members are
38 The Law defi nes an association as a voluntary, non-governmental, non-profi t organisation, founded upon the freedom of
association of several natural or legal entities, established for the purpose of achieving and improving a specifi c joint or common
object and interest, provided that these are not prohibited by the Constitution or law (Article 2 Paragraph 1).
39 Please visit: <http://www.apr.gov.rs>. Also see the directory of the Centre for Non-profi t Sector Development: <http://www.crnps.org.rs/direktorijum-nvo>.
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severely under-trained, and few associations’ workers are familiar with the Aarhus Convention.40 On the other hand, the majority of associations participating in these workshops do have computers, printers, cameras and decent internet access.
Very few organisations, however, have websites or web pages that are updated regularly. Use of free content-management system applications remains very low. Th ere is need – and not only among associations – to develop and promote use of a database containing information about associations, legislation, fi eld experts, institutions, the business sector, journalists and media contacts.
Polluters (or, installation operators)
Concerning obligations to monitor the environment (which involves collection of data on the state of the environment and emissions into the environment), general provisions of the Law on Environmental Protection stipulate that: “the operator of an installation or complex that is the source of emissions and/or environmental pollution is obliged to perform emissions monitoring, in compliance with the law, via a competent authority, authorised organisation or independently.” Th is entails: 1) monitoring emission indicators, namely, indicators of the impact of activities on the environment, indicators of the effi ciency of applied measures aimed at preventing pollution or reducing levels of pollution; and 2) providing meteorological measurements for large industrial complexes or facilities of special interest for the Republic, Autonomous Province or local self-governance unit (Article 72). Th e polluter shall plan and provide fi nancial means for emissions monitoring, as well as for other measurements and monitoring the impact of activities on the environment (Article 72, Paragraph 4).
Administrators of protected natural resources
Th e positions and responsibilities of administrators of protected natural resources are defi ned, for the most part, in the Law on Nature Protection, which stipulates that a protected area is run by an administrator who meets criteria concerning professional staff and organisational competence necessary for carrying out tasks in the domain of conservation, improvement, promotion and sustainable development of a protected natural resource.41 Th e administrator may be a legal person or, in some cases, a physical person or entrepreneur.42 A protected area situated on or adjacent to the territory of a national park shall be run by a national park administrator.
Aarhus Centre in Kragujevac43
Th e Aarhus Centre in Kragujevac was established on April 28, 2010 based on a memorandum of understanding signed by the Ministry of the Environment and Spatial Planning and the town of Kragujevac, with the support of the OSCE. Th e goal of the Aarhus Centre is to establish collaboration between citizens and local self-government, thereby enabling democratic processes in the fi eld of environmental protection in accordance with the Aarhus Convention standards. Th e target groups are citizens, representatives of local self-government and media representatives.
Aarhus Centre in Subotica44
On the basis of the Memorandum of Understanding signed by the Ministry of Environment, Mining and Spatial Planning, the Town of Subotica and Subotica Open University, the Aarhus Centre Subotica was established, with the OSCE support, on 4 March 2011 Th e aim of the Centre is to improve access to environmental information, enhance environmental knowledge, provide mechanisms for public participation in decision-making and increase the capacity of diff erent target groups for better implementation of the Aarhus Convention provisions in the Autonomous Province of Vojvodina.
40 This claim is based on Ekoforum experience and direct contacts established at workshops held in 2009 in
nine towns in Serbia as part of the Zelena info mreža (Green Info Network) project.
41 The Ministry specifi es more detailed requirements (Article 67, Paragraph 6). During the process of choosing an administrator, the ministry, competent authority
of the autonomous province, or competent authority of local self-government determines whether the requirements are met (Article 67, Paragraph 2).
42 The competent authority selects an administrator on the basis of competition; if selection on this basis is not possible to
conduct, the administrator is chosen or appointed by an act of said authority (Article 67, Paragraph 4).
43 http://www.aarhuskg.rs/
44 http://www.aarhussu.rs/index.html
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Other institutions
A list of competent, certifi ed institutions involved in protecting against ionising radiation in the environment, examination of levels of non-ionising radiation in the environment, and conducting emission and immission measurements, noise-level measurements and waste examinations can be found here: <http://www.ekoplan.gov.rs/src/Spisak-nadleznih-i-ovlascenih-institucija-73-p1-list.htm
ANNEX 5 Elements of the National Environmental System Available On-line, and other Databases Relevant for Aarhus Convention Implementation (November 2011)
1) State network for automatic air quality monitoring
Responsible institution: Environmental Protection AgencyContains real-time monitoring data from 39 stations for automatic air-quality monitoring; data is also presented for 31 diff erent air-quality parameters. Data can also be provided through the RSS web-feed format. Th e system also provides a map with locations of each station and their characteristics.Hyperlink: http://www.sepa.gov.rs/ams/xajax_data/eas_kvalitet_vazduha_1.phpHyperlink: http://www.sepa.gov.rs/index.php?menu=102&id=5000&akcija=showExternal
2) State network for automatic allergen pollen monitoring
Responsible institution: Environmental Protection AgencyContains an overview of weekly data related to the concentration of pollen in the air. Th e information is based on the exceeded limit values. Th ey are presented in the form of traffi c lights with low, medium and high concentrations for all stations that provide data to the State Network. Also, a column shows the trend of growth or decline in the concentration depending on the meteorological parameters.Hyperlink: http://www.sepa.gov.rs/index.php?menu=49&id=1111&akcija=showExternal&plok=1
3) Serbian Water Quality Index
Responsible institution: Environmental Protection AgencyComprises a country map with SWQI values for each surface-water monitoring station; presents monthly data and allows data browsing by month.Hyperlink: http://www.sepa.gov.rs/index.php?menu=46&id=8006&akcija=showExternal
4) Priority substances and priority-hazard substances in surface waters
Responsible institution: Environmental Protection AgencyComprises a country map with data on priority substances and priority-hazard substances in surface waters for each surface-water monitoring station; presents annual data and allows data browsing by year; a database for each of the monitored locations shows substances that have exceeded maximum acceptable concentrations (MAC), as well as the frequency of concentrations above MAC.Hyperlink: http://www.sepa.gov.rs/index.php?menu=46&id=8013&akcija=showExternal
5) Weekly bulletin on the state of water quality in the Republic of SerbiaResponsible institution: Environmental Protection AgencyTh e bulletin is produced every Tuesday and covers the period of previous seven days. It reviews the state of quality of important watercourses, as well as graphical representation of changes in temperature, dissolved oxygen, chemical oxygen consumption and phenol index on the profi le Raska.Hyperlink: http://www.sepa.gov.rs/index.php?menu=46&id=8015&akcija=ShowAll
6) Map of public utility company landfi lls and old and illegal landfi lls
Responsible institution: Environmental Protection AgencyConnects to Google Earth programme map with locations of both registered and unregistered landfi lls; includes data on each landfi ll.Hyperlink: http://www.sepa.gov.rs/index.php?menu=10013&id=1007&akcija=showExternal
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7) Waste: landfi lls
Responsible institution: Environmental Protection AgencyContains data from questionnaires fi lled in by local government on legal and illegal waste dumps; data presented through Portable Document Format (PDF) fi les; database includes information on characteristics of each landfi ll, type of waste stored, reconstruction priorities, localities, etc.Hyperlink: http://www.sepa.gov.rs/index.php?menu=10008&id=1006&akcija=showExternal
8) Soil quality
Responsible institution: Environmental Protection AgencyContains data on the soil quality based on the soil quality systematic monitoring programme. Data can be searched by year and locations where the soil quality has been monitored; database for each location where the state is monitored displays the values of substances which have exceeded the limit values.
9) Economic activities
Responsible institution: Environmental Protection AgencyA) Industry - Provides data and information on the number of: awarded certifi cates SRPS ISO 14001, companies that have introduced the EMAS system and awarded eco-label licenses.B) Energy - Provides data and information on energy consumption by energy sources and by sectors; total primary energy consumption and electricity consumed from renewable sources.Data are presented at annual level and can be searched by year.
10) Economic instruments
Responsible institution: Environmental Protection AgencyContains information on: budget utilized for environmental protection, the Environmental Protection Fund and local government incomes from compensations, subsidies and other incentives, international fi nancial assistance in the sphere of environmental protection.Data are presented at annual level and can be searched by year
11) Register of protected areas
Responsible institution: Institute for Nature Conservation of SerbiaContains a list of protected areas in Serbia, currently provided in PDF format and regularly updated; register includes name and type of each protected area, municipality, total area and managing institution.Hyperlink: http://www.natureprotection.org.rs/index.php?option=com_content&view=article&id=191
&Itemid=186&lang=sr.
12) Register of legal and strategic documents related to environmental protection
Responsible institution: Ministry of Environment, Mining and Spatial PlanningContains downloadable legal documents (draft s and adopted versions of laws and bylaws), strategic documents, reports, etc.Hyperlink: http://www.ekoplan.gov.rs/srl/I-Zivotna-sredina-102-document.htmHyperlink: http://www.ekoplan.gov.rs/en/I-Zivotna-sredina-102-document.htm
13) Other registers of relevant legal and strategic documents
Responsible institution: Commissioner for Information of Public Importance and Personal Data ProtectionHyperlink: http://www.poverenik.rs/index.php/sr/doc/zakoni.htmlHyperlink: http://www.poverenik.rs/index.php/sr/doc/podzakonski-akti.htmlHyperlink: http://www.poverenik.rs/index.php/sr/doc/medjunarodni-dokumenti.htmlHyperlink: http://www.poverenik.rs/index.php/sr/doc/ustav-republike-srbije.html
Responsible institution: Institute for Nature Conservation of SerbiaHyperlink: http://www.natureprotection.org.rs/index.php?option=com_content&view=article&id=83&I
temid=83&lang=sr
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Responsible institution: Aarhus Centre in Kragujevac (currently the most exhaustive legislation database)Hyperlink: http://www.aarhuskg.rs/page/zakoni/Hyperlink: http://www.aarhuskg.rs/page/pravilnici/Hyperlink: http://www.aarhuskg.rs/page/ostali-propisi/Hyperlink: http://www.aarhuskg.rs/page/uredbe/Hyperlink: http://www.aarhuskg.rs/page/naredbe/Hyperlink: http://www.aarhuskg.rs/page/nacrti-zakona/Hyperlink: http://www.aarhuskg.rs/page/nacrti-pravilnika/Hyperlink: http://www.aarhuskg.rs/page/nacrti-uredbi/Hyperlink: http://www.aarhuskg.rs/page/nacrti-naredbi/
Responsible institution: Agency for ChemicalsHyperlink: http://www.ekoplan.gov.rs/shema/cir/docs/docs.html
Responsible institution: National Assembly of the Republic of SerbiaHyperlink: http://www.parlament.gov.rs/content/lat/akta/zakoni.asp
14) Other online databases relevant to Aarhus Convention implementation
Catalogue of public authorities pertaining to the Law on Free Access to Information of Public Importance
Responsible institution: Commissioner for Information of Public Importance and Personal Data ProtectionContains data on state and other authorities and organisations related to Article 3 of the Law on Free Access to Information of Public Importance (Offi cial Gazette of RS, Nos. 120/04 and 54/07); updated regularly.Hyperlink: http://www.poverenik.rs/index.php/sr/zakon-i-podz-akti-.html
Register of producers involved in organic productionResponsible institution: Ministry of Agriculture, Trade, Forestry and Water ManagementHyperlink: http://www.dnrl.gov.rs/zakoni/Spisak_pro.pdf
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Registers of important chemicals
Responsible institution: Agency for ChemicalsTh e Agency for Chemicals maintains and updates regularly a number of registers concerning important chemicals, such as the following:
Register of Classifi ed SubstancesHyperlink: http://www.ekoplan.gov.rs/shema/cir/docs/fi les/deo-2-SKS_tabela_1.pdfHyperlink: http://www.ekoplan.gov.rs/shema/cir/docs/fi les/deo-2-SKS_tabela_2.pdf
Register of active substancesHyperlink: http://www.ekoplan.gov.rs/shema/cir/docs/fi les/2.3-Lista_aktivnih_supstanci.pdf
Register of chemicals and procedure of prior notifi cationHyperlink: http://www.ekoplan.gov.rs/shema/cir/upuinfo/fi les/2_Spisak_prethodno_obavestenje.pdf Register of chemicals and PIC procedureHyperlink: http://www.ekoplan.gov.rs/shema/cir/docs/fi les/Pravilnik_o_uvozu_i_izvozu_odredjenih_
opasnih_hemikalija(Pravilnik-PIC).pdf Register of chemicals and export prohibitionsHyperlink: http://www.ekoplan.gov.rs/shema/cir/docs/fi les/Pravilnik_o_uvozu_i_izvozu_odredjenih_
opasnih_hemikalija(Pravilnik-PIC).pdf
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ANNEX 6 Selected Legal Provisions on Pollution Registers:Aarhus Convention/PRTR Protocol, and Legal Comparisons Between EU and Republic of Serbia Legal Systems
Annex 6 Table: Selected legal provisions on pollution registers: Aarhus/PRTR
Protocol, and legal comparisons between EU and Republic of Serbia legal systems
AC/PRTR PROTOCOL E-PRTR The Republic of Serbia’s Law on Environmental Protection (2004)44
The Republic of Serbia’s Law on Environmental Protection (2009)45
Objective: Enhance public access to information through the establishment of coherent, integrated and nationwide Pollution Release and Transfer Registers to facilitate public participation in environmental decision-making and contribute to prevention and reduced pollution of the environment.
Aims: Implement PRTR Protocol; facilitate public participation in environmental decision making; contribute to prevention and reduction of pollution of the environment.
Aims: Monitor qualitative and quantitative changes in the environment.
Aims: Not yet determined.
Relevant defi nitionsPollutant: Substance or group of substances that may be harmful to the environment or human health on account of its properties and introduction into the environment.Release: Introduction of pollutants into the environment as a result of any human activity, whether deliberate or accidental, routine or non-routine, including: spilling, emitting, discharging, injecting, disposing or dumping of non-treated sewerage.Off -site transfer: Movement beyond boundaries of a facility involved with pollutants, waste destined for disposal or recovery, or pollutants in wastewater destined for treatment.Diff use sources: Smaller or scattered sources from which pollutants may be released to land, air or water, whose combined impact may be signifi cant, but for which it is impractical to collect reports on each individual source.
Relevant defi nitionsE-PRTR: Any publicly accessible electronic database.Substance: Any chemical element and its compounds, excepting radioactive material.Pollutant: Substance or combination of substances whose introduction to the environment could be harmful to the environment and/or human health.Release: Any introduction of pollutants into the environment as a result of human activity, whether deliberate or accidental, routine or non-routine; includes spilling, emitting, discharging, injecting, disposing or dumping of non-treated sewerage.Off -site transfer: Movement of waste destined for recovery or disposal, including pollutants in wastewater destined for waste-water treatment.
Relevant defi nitionsIntegral Polluters Cadastre: A register of systematised information and data concerning polluters of the environment that contains data on: location, production, processes, characteristics, material input and output balances of raw materials, treatment facilities, waste fl ow, polluting substances, and release, treatment and deposit points.Polluting substances: Substances released into the environment that can infl uence natural composition, features and integrity.Environmental pollution: Input of polluting substances or energy into the environment, caused by human activity or natural processes, which can have harmful consequences for environmental quality and/or human health.Diff use sources: Sources of pollution from which polluting substances are emitted without a clearly determined drainage plug [Regulation, 2007, cf. supra note 101].
Relevant defi nitionsRegister of sources of pollution of environment: Set of systematised data and information on; type, quantity, means and location of; input, release or deposit of polluting substances in; gaseous, liquid or solid form, or in aggregate state, or; release of energy (noise, vibration, heat, ionising or non-ionising radiation) from; point, linear and surface sources of pollution (obligatory at national and local levels).Emission: Release or spillage of polluting substances in gaseous, liquid or solid aggregate state; or emissions of energy from sources of pollution into the environment.Sources of environmental pollution: Point, linear and surface sources of polluting substances and energy; determined by location and limited spatially.
Scope: The release of pollutants, diff use pollutants and off -site transfers of pollutants must be reported.
Scope: Data for approximate 24,000 EU installations; data and information on quantity of polluting substances released into air, water and soil; data and information on waste transfer from points of origin; data on polluting substances in waste; data on releases from diff use sources.
Scope: General data; data on installations; Data on emissions into air, water and waste.
135
AC/PRTR PROTOCOL E-PRTR The Republic of Serbia’s Law on Environmental Protection (2004)44
The Republic of Serbia’s Law on Environmental Protection (2009)45
65 specifi ed activities; list of 91 monitored polluting substances; threshold values determined for listed pollutants; off -site transfers of hazardous substances (exceeding thresholds per quantity or time unit); off -site transfers of any specifi ed pollutant in wastewater destined for wastewater treatment.
65 specifi ed activities; list of 91 polluting substances; list of substances from installations polluting the air; list of substances from installations polluting water.
Data quality assurance and assessment: Operators of each facility subject to reporting shall assure the quality reported information; competent authorities shall assess the quality of the data provided by operators in terms of completeness, consistency and credibility.
Data quality assurance and assessment:Operators of each facility subject to reporting shall assure quality reported information; competent authorities shall assess the quality of data provided by operators in terms of completeness, consistency and credibility.
Aarhus requirementsPublic access to information (Article 11); Access to justice (Article 14).
Accordance with Aarhus requirementsPublic access to information (in accordance); Regulated confi dentiality of data (in accordance); Public participation (in accordance); Access to justice (in (accordance)
Aarhus requirementsData from cadastres are accessible to the public, in accordance with Article 78, Paragraph 2, which provides the right of access to offi cial public registers.Other elements are missing.
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Abbreviations Used
AC Aarhus ConventionABS Accreditation Board of SerbiaACh Agency for ChemicalsAPL Air Protection LawASSOCIATION Environmental Non-Governmental Organization, namely, a citizen’s association focusing
primarily on environmental protection, which is in the public interestATS Accreditation Body of SerbiaCBD Convention on Biological DiversityCDDA Common Database on Designated AreasCE Council of EuropeCOP Conference of PartiesCIPIPDP Commissioner for Information of Public Importance and Personal Data ProtectionCITES Convention on international trade in endangered species of wild fauna and fl oraEC European CommissionEEA European Environment AgencyEEC European Economic CommunityEIA Environmental Impact AssessmentEIONET European Environment Information and Observation NetworkEMAS Eco-Management and Audit SchemeEPR Environmental Performance ReviewE- PRTR European Pollutant Release and Transfer RegisterEPF Environmental Protection FundEPSR Environmental Pollution Sources Register (Law on Amendments of the Law on
Environmental Protection, Offi cial Gazette of the Republic of Serbia, No. 36/09)EU European UnionEUROSTAT Statistical Offi ce of the European UnionGIS Geographic Information SystemGMES Global Monitoring for Environment and SecurityINCS Institute for Nature Conservation of SerbiaINSPIRE Infrastructure for Spatial Information in the European CommunityIPPC Integrated Pollution Prevention and ControlISS Institute for Standardization of SerbiaLAD Law on Administrative DisputesLAP Law on General Administrative ProcedureLBP Law on Biocidal ProductsLC Law on CourtsLCh Law on ChemicalsLEIA Law on Environmental Impact AssessmentLEP Law on Environmental ProtectionLEP (am) Law on Amendments of the Law on Environmental ProtectionLEIA (am) Law on Amendments of the Law on Environmental Impact AssessmentLFAIPI Law on Free Access to Information of Public ImportanceLG Local GovernmentLIPPC Law on Integrated Pollution Prevention and ControlLPPW Law on Packaging and Packaging WasteLPANE Law on Protection against Noise in the EnvironmentLPANIR Law on Protection against Non-Ionizing RadiationLPAIRNS Law on Protection against Ionizing Radiation and on Nuclear SafetyLSEA Law on Strategic Environmental Impact AssessmentLSG Local Self-Government [level]LSUFR Law on Protection and Sustainable Use of Fish ResourcesLWM Law on Waste ManagementMATFWM Ministry of Agriculture, Trade, Forestry and Water ManagementMEA Multilateral Environmental AgreementMEMSP Ministry of the Environment, Mining and Spatial Planning
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MES Ministry of Education and ScienceMF Ministry of FinancesMH Ministry of HealthMoD Ministry of DefenceMHMRPALS Ministry of Human and Minority Rights, Public Administration and Local Self-GovernmentMCIIS Ministry of Culture, Information and Information SocietyNA National Assembly of the Republic of SerbiaNITIA National Information Technology and Internet AgencyNPI National Programme for Integration of the Republic of Serbia into the European UnionNPL Nature Protection LawOSCE Organisation for Security and Cooperation in EuropePAM Protected Area ManagersPRTR Pollutant Release and Transfer RegisterRHS Republic Hydrometeorological Service of SerbiaRPNSA Serbian Radiation Protection and Nuclear Safety AgencySCTM Standing Conference of Towns and MunicipalitiesSEIA Strategic Environmental Impact AssessmentSEIS Shared Environmental Information SystemSEPA Serbian Environmental Protection AgencySO Statistical Offi ce of the Republic of SerbiaSRMI Scientifi c, Research and Monitoring InstitutionsSTRATEGY Strategic Action Plan [for the implementation of Aarhus Convention in Republic of Serbia]UN United NationsUNEP United Nations Environment ProgrammeWG Working GroupWL Water Law
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